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HomeMy WebLinkAboutOrdinance 1882 (Response to Nationwide Recession)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1882 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO: a) CORRECT ERRORS AND INTERNAL INCONSISTENCIES; b) DELETE OBSOLETE PROVISIONS; c) UPDATE ZONING FOR SELECTED PROPERTIES ON THE CITY - ADOPTED ZONING MAP; d) EXPAND AND MODIFY LAND USE DEFINITIONS; e) INCORPORATE PROVISIONS TO ADDRESS A STATE -MANDATE FOR WATER CONSERVATION; AND 1) AMEND PROVISIONS AND LAND USE REQUIREMENTS TO ADDRESS CITY BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN RESPONSE TO A NATIONWIDE ECONOMIC RECESSION (ZO09-001) is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 7th day of June, 2010, a SUMMARY of Ordinance No. 1882 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 21 st day of June, 2010, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 23rd day of June, 2010 �ZSt 1' '::!!� ,412a�Fc, . ESTHER C. BEIRNE City Clerk SUMMARY OF ORDINANCE NO. 1882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO: A) CORRECT ERRORS AND INTERNAL INCONSISTENCIES; B) DELETE OBSOLETE PROVISIONS; C) UPDATE ZONING FOR SELECTED PROPERTIES ON THE CITY -ADOPTED ZONING MAP; D) EXPAND AND MODIFY LAND USE DEFINITIONS; E) INCORPORATE PROVISIONS TO ADDRESS A STATE -MANDATE FOR WATER CONSERVATION; AND F) AMEND PROVISIONS AND LAND USE REQUIREMENTS TO ADDRESS CITY BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN RESPONSE TO A NATIONWIDE ECONOMIC RECESSION (ZO09-001) The City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14 — Zoning, is being amended by the San Rafael City Council as detailed in the complete text of Ordinance No. 1882. For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at 415-485-3066 or the Community Development Department, Planning Division, at 415-485-3085. Copies of the Ordinance containing this Municipal Code amendment are also available for public review as of Tuesday, June 15, 2010 at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m. SUMMARY OF AMENDMENT TO MUNICIPAL CODE This Ordinance makes extensive amendments to San Rafael Municipal Code Title 14 (Zoning), particularly to Chapters 14.02, 14.03, 14.04, 14.05, 14.06, 14.07, 14.08, 14.09, 14.10, 14.11, 14.12, 14.16, 14.17, 14.18, 14.19, 14.22, 14.24, 14.25, and 14.29, to correct various errors and internal inconsistencies; delete certain obsolete provisions; update the zoning for selected properties on the City -adopted zoning map; expand and modify the land use definitions; incorporate new provisions to address a state mandate for water conservation; and amend certain other provisions and land use requirements. PUBLICATION A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of those Councilmembers voting for or against the same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. A'er�tj-lel'm yor ATTEST: (zut ESTHER BEIRNE, City Clerk The foregoing Ordinance No. 1882 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 7`h of June 2010, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on Monday, June 21, 2010. re<A . ESTHER BEIRNE City Clerk Wamnd.Ordinance _Summary_6-8-10.doc ORDINANCE NO. 1882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO: A) CORRECT ERRORS AND INTERNAL INCONSISTENCIES; B) DELETE OBSOLETE PROVISIONS; C) UPDATE ZONING FOR SELECTED PROPERTIES ON THE CITY -ADOPTED ZONING MAP; D) EXPAND AND MODIFY LAND USE DEFINITIONS; E) INCORPORATE PROVISIONS TO ADDRESS A STATE -MANDATE FOR WATER CONSERVATION; AND F) AMEND PROVISIONS AND LAND USE REQUIREMENTS TO ADDRESS CITY BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN RESPONSE TO A NATIONWIDE ECONOMIC RECESSION (ZO09-001) WHEREAS, in 2009, City staff initiated amendments to San Rafael Municipal Code (SRMC) Title 14- Zoning (Zoning Ordinance) as a general `clean-up' of the provisions. Through daily use, general application and interpretation, minor errors, omissions and internal inconsistencies are discovered, which necessitate correction. In addition, it has been determined that the zoning for selected properties needs to be updated and/or corrected on the City -adopted Zoning Map. Lastly, over time, certain provisions and code sections become obsolete or need revision to improve use and interpretation; and WHEREAS, in 2006, Assembly Bill 1881 (AB 1881) was signed by the Governor Schwarzenegger adding: Section 1353.8 of the Civil Code; Title 7, Division 1, Article 10.8 (Section 65591 et seq.) of the Government Code; and Section 15401.9 of the Public Resources Code, which established a statewide mandate for water conservation. AB 1881 requires that each local agency adopt a water -efficient landscape ordinance, which: a) sets thresholds for landscape projects that are subject to water conservation; b) requires that water use for landscape irrigation be based on a water allowance that is determined on a site -by -site basis; and c) requires the monitoring of water use for landscapes and irrigation. As a result, amendments to Title 14 have been prepared, in coordination with Marin Municipal Water District (MMWD) Ordinance 414 (Water Conservation) to incorporate water -efficient landscape requirements; and WHEREAS, in 2009 and early 2010, the City experienced citywide budget cuts resulting from a nationwide economic recession. The citywide budget cuts resulted in reductions in Community Development Department staff. In order to provide efficient service to the community with reduced staff, amendments to the Zoning Ordinance have been prepared to streamline and modify certain types of discretionary permit review and to broaden and improve use and interpretation; and WHEREAS, as a result of a nationwide economic recession, the City has experienced increased commercial vacancies from business closures and downsizing. In response, the City initiated a business promotion program to assist new business development and to retain existing businesses. This program includes, among others, recommendations to amend the Zoning Ordinance to simplify the City's zoning review and reduce the discretionary permit process for new and existing businesses; and WHEREAS, a collective group of amendments to Title 14 Zoning have been prepared to address all of the above issues. The proposed amendments to the Zoning Ordinance were published on March 5, 2010; and 1 WHEREAS, the amendments to the San Rafael Municipal Code, Title 14, do not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review; and WHEREAS, on March 23, 2010 and April 27, 2010, the Planning Commission held duly - noticed public hearings on the proposed amendments to the San Rafael Municipal Code, Title 14, accepting all public testimony and the written report of the Department of Community Development, and recommended to the City Council the approval of the amendments; and WHEREAS, on April 27, 2010, the Planning Commission adopted Resolution No. 10-08 (5-0-2, Commissioners Pick and Wise absent) recommending to the City Council adoption of the proposed amendments to Title 14, which are presented in attached Exhibit A; and WHEREAS, on June 7, 2010, the City Council held a duly noticed public hearing to consider the proposed Zoning Ordinance amendments, and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the City Council hereby finds that the proposed amendments to San Rafael Municipal Code Title 14 - Zoning are consistent with the policies and programs of the San Rafael General Plan 2020 in that: 1. The amendments to San Rafael Municipal Code Title 14 — Zoning are consistent with the policies and programs of the San Rafael General Plan 2020 in that: a. As proposed, the amendments would: a) correct errors and omissions in the Zoning Ordinance; b) delete obsolete provisions; c) update and correct property zoning on the City -adopted Zoning Map; and d) revise provisions to improve use and interpretation. This action would be consistent with General Plan Program LU -23a (Zoning Ordinance Amendments), which encourages periodic updates to the Zoning Ordinance in order to maintain a current and internally consistent code. b. As proposed, the amendments would meet the requirements of state law, specifically Title 7, Division 1, Chapter 3, Article 10.8 (Section 65591 et seq.) of the Government Code, and Section 15401.9 of the Public Resources Code by establishing water conservation requirements for water -efficient landscape design. This action would be consistent with General Plan Policy LU -23 (Land Use Map and Categories) and Program LU -23a (Zoning Ordinance Amendments), which directs that the Zoning Ordinance be updated periodically, and as needed, to address changes in state law. c. As proposed, the amendments would revise the minimum threshold requirements for certain Environmental and Design Review Permits, specifically for certain residential and commercial uses and improvements. This action would be consistent and not conflict with: a) General Plan Policy NH -2 (New Development in Residential Neighborhoods) in that the amended provision would continue to maintain and require City review of improvements to protect 7 neighborhood image and quality of life, transitions in building heights and setbacks, and provisions for adequate parking; b) General Plan Policy H-3 (Design that Fits into the Neighborhood Context), Program H -3a (Design Concerns for Single -Family Homes) and Program H -3b (Compatibility of Building Patterns) in that, while the amendments would change some of the thresholds for requiring an Environmental and Design Review Permit, there would be no changes in design criteria for review or changes to the findings that are required to approve such permits. d. As proposed, the amendments would revise the City's off-street parking standards and the review process for assessing parking, for the purpose of assisting existing businesses and promoting new businesses in San Rafael by streamlining project review. Specifically, the amendments include, among others, establishing new, off-street parking provisions for the Downtown West End Villa e, which would allow changes in land use within existing buildings along the 4" Street frontage (where no additional building square footage is proposed) without requiring new or additional parking. This action would be consistent with General Plan Policy NH -27 (Parking) and Program H-1811 (Revisions to Parking Standards), which encourage seeking solutions to Downtown urban parking conditions and directs revisions to the Zoning Ordinance parking standards, as needed, for the purpose of promoting flexibility in the requirements. Further, this specific amendment, and other amendments to off-street parking standards would be consistent with General Plan Policy NH -15 (Downtown Vision), NH -16 (Economic Success), NH -18 (Economic Center), EV -4 (Local Economic and Community Impacts), and EV -9 (Business Assistance Programs) in that the amendments would simplify and streamline the land use permit review process and requirements for existing and new businesses. e. As proposed, the amendments revise the Conditional Use Permit review process for selected and commonly proposed non-residential land uses in commercial, light industrial/office and Downtown zoning districts, which would reduce permit processing time and costs to existing and new businesses. This action would be consistent with: a) General Plan Policy LU -15 (Convenience Shopping) in that it would encourage retention and improvement of existing retail stores and services by reducing the timing and cost for permit review; b) Policy LU -23d (Industrial Zoning Districts) by broadening the types of land uses that would be permitted in the Industrial Light Industrial/Office zoning districts; c) and Policies NH -16 (Economic Success), NH -18 (Economic Center), EV -4 (Local Economic and Community Impacts), and EV -9 (Business Assistance Programs) by simplifying and streamlining the land use permit review process and requirements for existing and new businesses. 2. The public health, safety and general welfare are served by adoption of the proposed Zoning Ordinance amendments, in that they would: a) correct errors and inconsistencies, make appropriate zoning map amendments and delete obsolete code provisions; b) incorporate new code provisions to address a State mandate for water conservation; c) implement policies and programs in the San Rafael General Plan 2020 that encourage periodic update to the Zoning Ordinance, ensure consistency with the General Plan; d) promote existing and new businesses by simplifying the planning review process; and e) simplify certain activities subject to an 3 Environmental and Design Review Permit without compromising neighborhood character or public review; and WHEREAS, the City Council supports and adopts the proposed Zoning Ordinance amendment adding new Section 14.18.061, which establishes new parking provisions for the Downtown West End Village and Environs, subject to an initial review and monitoring for two (2) years following adoption. The initial review and monitoring is required to: 1) ensure that there is adequate and sustainable on -street and public off-street parking to accommodate changes in land use through re -tenanting of existing building space; and 2) ensure that there is no excessive spillover of on -street parking use in the adjacent neighborhoods. Following the second year of monitoring, staff shall report the results of the monitoring to the City Council. If, the monitoring report determines that on -street and public off-street parking is inadequate, the City can consider modifying or eliminating this parking provision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. San Rafael Municipal Code Title 14 Zoning (Zoning Ordinance) is hereby amended to incorporate edits, additions and deletions to selected chapters and sections set forth in attached Exhibit A, incorporated herein by reference. DIVISION 2. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this added ordinance section. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the names of those Councilmembers voting for or against the amendment. 4 f A ,BERT ORO, Mayor ATTEST: G-RLP-4,Pe'� ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1882 was read and introduced at a regular meeting of the City Council of the City of San Rafael on June 7, 2010, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 2151 day of June 2010. ATTACHMENT: EXHIBIT A Mamend.Ordinancel882 6-7-2010 5 AF"a4 z ESTHER C. BEIRNE, City Clerk EXHIBIT A 1. Amend Chapter 14.02, the Zoning Map (Section 14.02.040, Rules to interpretation- Recordkeeping) to reclassify the zoning for the following properties: Zoning Map Property Address and Page No. Assessor's Parcel No. D2 Gallinas Creek @ Paul Drive; APN 155-131-22 D2 Joseph Court (Fire Station site); APN 155-081-08 D6 Woodland Avenue @ Octavia Street; APN 012-194-23 D6 Woodland Avenue @ Woodland Court; APN 013-061-37 F6 North of Canal Street- Tiscornia Marsh; APN 009-142-01 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Reclassification From P/QP to P/OS District From O to LI/O District From HR to HR District From HR to HR District From PD -WO to P/OS-WO District A-1 �i 1 V 0 a U N 6 W LL rLO O N �O U N 0 a E 02 e c oc O (1 c e dL n Ory y > C D C y y y C N � y j C O nip C D p7 d y C LO \ 0L°�N d a a O � O 03 1 N 00 L IL C OH��N U N 6 W LL rLO O N �O U N 0 a E 02 e c oc O (1 c e dL n Ory y > C D C y y y C N � y j C O nip C D p7 d y C LO \ 0L°�N d a a O � O zi 2 1 N 0 U) 0 a Us, V♦ O a. 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V 1 LO -1b4, a = M U � b/yve a� a� LLC) rLO 0 LO N N iW EXHIBIT A 2. Amend Section 14.02.030.B (TABLE INSET) ns follows: B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows: Base District Designator Base District Name Chapter R2a Single-family Residential District 14.04 Minimum lot size: 2 acres Rla Single-family Residential District 14.04 Minimum lot size: ] acre R20 Single-family Residential District 14.04 Minimum lot size: 20,000 sq. ft. R10 Single-family Residential District 14.04 Minimum lot size: 10,000 sq. ft. R7.5 Single-family Residential District 14.04 Minimum lot size: 7,500 sq. ft. RS Single-family Residential District 14.04 Minimum lot size: 5,000 sq. ft. DR Duplex Residential District 14.04 2,500 sq. ft. per dwelling unit Multifamily Residential District MR5 (Medium Density) 14.04 5,000 sq. ft. per dwelling unit Multifamily Residential District MR3 (Medium Density) 14.04 3,000 sq. ft. per dwelling unit Multifamily Residential District MR2.5 (Medium Density) 14.04 2,500 sq. ft. per dwelling unit Multifamily Residential District MR2 (Medium Density) 14.04 2,000 sq. ft. per dwelling unit Multifamily Residential District HR1.8 (High Density) 14.04 1,800 sq. ft. per dwelling unit Multifamily Residential District HR1.5 (High Density) 14.04 1,500 sq. ft. per dwelling unit Multifamily Residential District HRl (High Density) 14.04 1,000 sq. ft. per dwelling unit AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-2 Title 14 (Zoning) —Adopted June 7, 2010 ZO09-001 EXHIBIT A GC General Commercial District 14.04 NC Neighborhood Commercial District 14.04 1,800 sq. ft. per dwelling unit O Office District 14.05 C/O Commercial/Office District 14.05 1,000 sq. ft. per dwelling unit R/O Residential/Office District 14.05 1,000 sq. ft. per dwelling unit FBWC Francisco Boulevard West Commercial District 14.05 4SRC Fourth Street Retail Core 14.05 CSMU Cross Street Mixed Use District 14.05 HO Hetherton Office District 14.05 2/3 MUE Second/Third Mixed Use District East District 14.05 2/3 MUW Second/Third Mixed Use District West District 14.05 WEV West End Village District 14.05 5/M R/O Fifth/Mission Residential/Office District 14.05 I Industrial District 14.06 LI/O Light Industrial/Office District 14.06 CCI/O Core Canal Industrial/Office District 14.06 LMU Lindaro Mixed Use District 14.06 PD Planned Development District 14.07 M Marine District 14.08 P/QP Public/Quasi-Public District 14.09 P/OS Parks/Open Space District 14.10 W Water District 14.11 3. Amend Chapter 14.03 (Definitions), Section 14.03.020 (Rules for construction of language) adding new sub -section P. to read as follows: 14.03.020 Rules for construction of language. F. "Including but not limited to" means that the definition is applicable to the examples that are cited, and to other examples that are not cited, which are deemed to be similar in purpose and consistent with the intent of the definition. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-3 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 4. Amend Chapter 14.03 (Definitions), Section 14.03.030 to delete the definition of "School, vocational or business trade. " S. Amend Chapter 14.03 (Definitions), Section 14.03.030 to add the following new definitions: "Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than 25% of the total area; b) amount of business, revenue or activity generated by the use is less than 25% of the main use; c) hours of operation and intensity of operation are similar to the primary use; and d) uses are composed in separate and demised tenant spaces. "Banks and financial services" means financial institutions including uses such as Banks and trust companies, check cashing, credit unions, foreign currency, holding (but not primarily operating) companies, home loan services, lending and thrift institutions, money wiring, mortgage brokers, other investment companies, securities/commodity brokers, contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing. "Convenience store" means a sales establishment occupying a public retail sales area of generally up to 5,000 gross square feet, for purpose of selling pre-packaged food and beverage products and other retail merchandise oriented to convenience and travelers' shopping needs. Convenience stores are distinguishable from "grocery stores and supermarkets" in that they carry a limited range of items and are typically contained in a smaller retail space (generally, less than 5,000 gross square feet). See "mini -market" definition for a retail store operated in conjunction with a gasoline station with a retail sales area that is less than 1,000 gross square feet in size. "Downtown's West End and environs" encompasses an area generally defined as being located along Fourth St, between D and Second Streets, and includes the properties designated as West End Village (WEV) and Fourth Street Retail Core (4SRC) Zoning District, as shown on the following map: AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-4 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A Diagram B for Section 14.03.030 DOWNTOWN'S WEST END AND ENVIRONS 'y'\`�,,Vf( E. IIIJJJf I I IJ FIFTH AVE- 'y I CAM/ND R r•r S i• 1O FOURTH ST, FOURTH ST. b 4y S� 4 I cr•siw eCOMC ? u NLAHAY ST- y A= ST. y "Grocery store and supermarket" means a retail business where the majority of the floor area that is open and accessible to the public is occupied by produce, food and beverage products, and household items that are packaged for preparation and consumption for daily living needs. Grocery stores and supermarkets are distinguished from "convenience stores" in that they typically contain a retail floor area greater than 10,000 gross square feet. Smaller grocery stores may occupy a retail floor area between 5,000 and 10,000 gross square feet. Supermarkets generally offer a greater variety of products and household items, and may also include accessory uses within the retail sales area including, but not limited to, a pharmacy, cafe, or financial services. "Financial services" see "Banks and financial services" "Fitness/Recreation facility" means facilities providing equipment and areas for exercise, training, recreation and classes for individuals, groups or both. Examples of these facilities include, but are not limited to: health clubs, gymnasiums, indoor sports facilities, rock climbing facilities, etc. These facilities are primarily drop-in facilities, and may include accessory instructional uses. See "School, specialized education and training" definition for uses primarily involving instructional or educational training. "Lot area" means the area of the property within the property boundaries as described in the recorded grant deed including any easements, and unaccepted offers and dedications of rights- of-way. Consistent with Section 15.06.030 (Subdivision Design Standards), the panhandle portion of a flag lot that is primarily used and intended for access shall not be included in lot area for purposes of development and application of development standards. "Lot line", see property line "Lot, Panhandle/Flag" means a lot that is served by a narrow strip of land that is primarily intended and used for gaining access to a major portion of the lot or parcel. See Title 15 --- Subdivisions for regulations addressing the formation of a flag or panhandle lot. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-5 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A "Motor vehicle repairs and maintenance" means the repair, alteration, restoration, towing, painting, cleaning or finishing of vehicles as a primary use including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use is distinguished by two categories: major repair of vehicles, which includes but is not limited to facilities providing major engine work, body work, and vehicle painting; and facilities providing minor repair and maintenance, which includes but is not limited to tune-ups, replacement and repair of brakes, batteries, tires, mufflers, and upholstery. "Office, Business" means an establishment providing direct services to consumers. Examples of these uses include, but are not limited to employment agencies, insurance agent offices (small-scale customer service offices, not administrative), real estate offices, travel agencies, utility company payment offices (not administrative). This use does not include Banks and Financial Services, which are separately defined. "Office, Administrative" means an office -type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include, but are not limited to advertising agencies, commercial art and design services, construction contractors (office facilities only), design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, media postproduction services, news services, photography studios, and writers and artists offices. "Office, Professional" means an office -type facility occupied by a business providing professional services. Examples of these uses include, but are not limited to accounting, auditing and bookkeeping services, attorneys, counseling services, court reporting services, detective agencies and similar services, financial management and investment counseling, literary and talent agencies, management and public relations services, psychologists, secretarial, stenographic, word processing and temporary clerical employee services. "Property line" means the recorded boundary of a lot or parcel of land. When two property lines meet or join at an angle that is greater than 130 degrees, they are considered the same property line for the purpose of defining one yard area and determining required yard setbacks. "Relocation assistance" means the provision of rental assistance to low-income residential unit tenants that are: a) required to vacate a dwelling unit due to unit renovation, conversion or demolition proposed in conjunction with a development project or property improvements; and b) pennanently displaced from the premises by a landlord or property owner, where the tenant is required to seek and secure new housing. A permanently displaced resident qualifying for relocation assistance shall be a tenant of record listed either on a current lease or rental agreement that meets the County of Marin criteria as a low-income household. Relocation assistance is administered under Section 14.16.279 of this title. "School, specialized education and training" means private school uses offering instruction in areas such as, but not limited to, art, business trade, dance, computers and electronics, drama, drivers education, language, music, performing arts, sports (e.g., individual or group golf or baseball, etc.) or vocational trades. Does not include pre-schools and child day care facilities (see "day care centers"). AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-6 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A "Setback" means the distance between the property line and the exterior wall of a structure, excluding architectural features and other structures referenced in Section 14.16.130 of this title. Building setbacks are measured from established lot lines, irrespective of location of easements. See also definitions for "Yard". "Subterranean" means a structure, improvement or building floor level that is constructed entirely below ground with all points to the top of the structure or floor level being situated entirely below natural and finished grade; exclusive of any excavations made to provide required ingress or egress. "Water -efficient landscape" means landscaping and irrigation that has been designed and installed to comply with Marin Municipal Water District (MMWD) Ordinance No. 414, as adopted by reference in Section 14.16.370 of this title. A water -efficient landscape is designed to conserve water usage by establishing and applying a `maximum applied water allowance,' which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. The requirements for a water -efficient landscape are administered under Section 14.16.370 of this title. 6. Amend Chapter 14.03 (Definitions), Section 14.03.030 amending the following definitions: "Cocktail lounge" means a use providing preparation and retail sale of alcoholic beverages, on a licensed "on -sale" basis, for consumption on the premises, including taverns, bars and similar establishments where food service is subordinate or accessory to the sale of alcoholic beverages. Cocktail lounge does not include a frill service alcohol or beer and wine bar that is established and operated as an accessory use within a full-service restaurant, provided that the bar is integrated within and open to the main dining area, and operating during the same hours as the primary food service use. "Downtown" encompasses those lots as shown on the downtown districts map within the Neighborhoods Element of the San Rafael General Plan. "Gross building square footage, hillside areas." Hillside areas gross building square footage" means the sum of all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being finished into habitable space as determined by the California Building Code; garages and carport areas six feet (6) or more above the natural grade, measured to the exterior face of surrounding walls, column, or posts; other roofs or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and accessory structures greater than one hundred twenty (120) square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered overhangs and attic spaces and under -floor spaces that are not capable of being finished into habitable space. "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than 120 square feet in size. Lot coverage excludes ground level landscaped areas, walkways and AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-7 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, portions of structures that are located below existing grade, and detached recreational and storage structures that are 120 square feet or less in size. "Office, medical". "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Medical office uses typically require use of specialized medical equipment and medical training, increased support staff needs, multiple patient treatment rooms, and patient waiting areas. Counseling services and other services provided by non medical professionals may also be included under "Offices, General." "Personal service" means provision of service of a personal nature. This classification includes, but is not limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors, shoe repair shops, cosmetologist, skin -care consultant, esthetician, massage/bodywork and acupressure. "Retaining wall" means a wall that is constructed to hold back or support an earthen bank, slope or hillside. "Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow, conspicuous elevation of land) or knoll, comprised of the points of the highest ground elevation in locations that have been identified on the ridgeline map (aka, "City of San Rafael Ridgeline Map" on file with the Planning Division). For purposes of review under the —H hillside overlay zoning regulations, a "visually significant ridgeline" shall include the area within 100 vertical feet of a ridgeline as identified on the San Rafael Ridgeline Map and located within "visually significant hillside, ridges and landfonns areas" as designated on the community design map exhibit of the general plan. "Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed six feet (6); retaining walls under three feet (3') in height; in -ground swimming pools; parking lots and access drives or walks; and storage sheds or recreational/play structures that are one hundred and (120) square feet or less in floor area. "Yard, front" "Front yard" means an open area extending along the full width of a lot between side lot lines and from the front lot line to a parallel line at a distance equal to the depth of the required yard (i.e., required setback area), within which no structure shall be located except as provided and/or permitted in this title. The front yard should be consistent with the orientation of the other lots and improvements on the same side of the street or consistent with any prior determination that was made to define the front yard. The front yard is usually the side where the main building entrance is located and in the general direction in which the main building faces. Front yards sliall be determined for lots as follows: AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-8 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 1. For a corner lot with two street frontages, the front yard is typically the narrower of the two frontages, except where an existing front building setback has clearly been established by prior property development. 2. For an interior lot with an irregular-shaped frontage, the front yard is defined as all portions of the lot that are parallel to and immediately front the road right-of-way or easement that provides access to the lot. 3. For a triangular shaped lot with fewer than four lot lines, the director may determine the front yard location based on orientation of the building entrance and surrounding development pattern. 4. For a flag or panhandle lot, the front yard is defined as all portions of the lot within the required front setback measured from the longest property line that is most parallel and nearest to the public street. The panhandle portion of the lot shall not be used in determining the required setbacks. See Title 15, Section 15.06.030(d). 7. Amend Chapter 14.04 (Residential Districts), Table 14.04.020, to read as follows: Table 14.04.020 Type of Land Use R DR MR HR PD Additional Use Regulations Residential Uses Single-family residential P P P P C I Duplex residential P P P C Multifamily residential P P C Animal keeping C C C C C See standards, Chapter 14.17. See Chapter 6.04. Boardinghouse or rooming C C C house Conversion of senior housing to non -senior C C C C C housing Emergency shelters for the homeless Permanent C Temporary or rotating C C C C C Home occupations P P P P P See regulations, Chapter 14.16. Mobilehome parks C C See standards, Chapter 14.17. Residential care facilities for the handicapped Small (0-6 residents) P P P P C Large (7 or more P P P P C AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-9 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A residents) Residential care facilities, other Small (0--6 residents) P P P P C Large (7 or more C C residents) Second dwelling units (800 square feet in size or P P P P P See standards, Chapter 14.16. less) Second dwelling units (greater than 800 square feet in size or in a separate C C C C C See standards, Chapter 14.16. building not meeting required setback or height requirements) Visitor Accommodations Bed and breakfast inns C* C C C *On non -hillside lots, 20,000 square feet or larger. Hotels and motels C C Day Care Day care facility, child or adult Family day care home Small (0--8 children or P P P P P adults) Large (9--14 children) CZ CZ CZ CZ CZ See standards, Chapter 14.17. Large (9--14 adults) C C C C C Day care center (15 or *Prohibited in R2a, R1 and PD more children or adults) C* C C C C* districts, and R20 hillside residential lots. Public and Quasi -Public Uses Clubs and lodges, C C C including youth groups Open space P P P P P Public parks, playgrounds P P P P P and recreation facilities AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-10 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Religious institutions Schools Public Parochial, private EXHIBIT A C* C C C P* P P P C* C C C Use of closed school sites C* C C C Offices and Related Uses Medical services (medical, dental and health-related services with sale of articles clearly incidental to the services provided) Hospitals Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities Commercial Uses Plant nurseries and garden supply Transportation Facilities Parking lot, public or private Accessory Structures and Uses *Prohibited in R2a, Rla and PD- C* hillside districts, and R20 hillside residential lots. *Prohibited in R2a, Rla and PD- C* hillside districts, and R20 hillside residential lots. *Prohibited in R2a, Rla and PD- C* hillside districts, and R20 hillside residential lots. May include: child care programs; educational, recreational, cultural and religious classes, programs, and activities; administrative offices incidental to educational service C* uses; churches; counseling groups and those private business uses which would be permitted as home occupations. *Prohibited in R2a, Rla, and PD -hillside districts, and R20 hillside residential lots. C C C C C C C C C C C C See regulations, Chapter 14.18. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 A-1 I EXHIBIT A Accessory structures and uses customarily incidental P P P P P See regulations, Chapter 14.16. to a pennitted use and contained on the same site 8. Amend Chapter 14.04 (Residential Districts), Section 14.04.030 to read as follows: 14.04.030 Property development standards (R). N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits for a listing of improvements subject to review (including upper story additions), and design guidelines and criteria for development. 9. Amend Chapter 14.04 (Residential Districts), Table 14.04.030 to read as follows: Table 14.04.030 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-12 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 R2a Rla R20 R10 R7.5 R5 Additional Standards 5,000/ Minimum lot 2 acres l acre 20,000 10,000 7,500 6,000 (A) area (sq. ft.) (comer) Minimum lot 150 150 100 75 60 50/60 width (feet) (corner) Minimum yards Front (ft.) 20 20 20 20 15 15 (B), (C) 10% of Side/Street 15 15 12'6" 10 6 lot width (D), (E) Side (ft.) min. 3', max. 5' Rear (ft.) 25 25 10 10 10 10 Maximum height of 30 30 30 30 30 30 (F) structure (ft.) Maximum lot 20% 25% 30% 40% 40% 40% coverage 50%/75 50%/75 50%/75 50%/75 50%/75 50%/75 Maximum upper % of lot % of lot % of lot % of lot % of lot % of lot (F),(G),(H) story floor size coverage coverage coverage coverage coverage coverage calculatio calculatio calculatio calculatio calculatio calculatio AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-12 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A it n 11 n 11 n Private yard NR NR NR NR NR NR area * Based on Parking * * * * * * use. See 14.18.040. (A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square feet. See Section 14.16.300, Small lots. (B) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots on both sides of the street for the length of the block. For purposes of determining average front setback oil developed lots, setback should be measured from the property lisle to closest wall of any principal structure. (C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992 or carport built after January 1, 2006 shall be set back twenty feet (20'). (D) Oil a reverse corder lot, the rear twenty feet (20') of the street side yard shall have a fifteen - foot (15') setback. (E) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots within the same district on both sides of the street for the length of the block. (F) In the -EA Combining District, maximum height of seventeen feet (I T) to peak, and one habitable floor. (G) For design criteria for upper -story construction, see Section 14.25.050(F)(6), Upper -Story Additions. (H) For lots less than 5,000 sf, the maximum upper story shall be 50% of the maximum lot coverage calculation; for lots 5,000 sf and larger, maximum upper story size shall be 75% of max. lot coverage calculation. 10. Amend Chapter 14.04 (Residential Districts), Section 14.04.040 to read as follows: 14.04.040. Property development standards (DR, MR, HR). NA: Not applicable. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to other site development standards, Chapter 14.23, Variances, Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review of (including addition of new units or additions of floor area to existing units) and design guidelines and criteria for development. 11. Amend Chapter 14.04 (Residential Districts), Table 14.04.040 to read as follows: Table 14.04.040 DR MR5 MR3 MR2.5 MR2 HR1.8 HR1.5 HR1 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Additional Standards A-13 EXHIBIT A Minimum lot 51000.1 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 area (sq. ft.) (corner) Minimum lot area/ dwelling unit (sq. ft.) 2,500 5,000 3,000 2,500 2,000 1,800 1,500 1,000 (A), (B), (Max. (C) Residential Intensity) Minimum lot 50/60 (corner 60 60 60 60 60 60 60 width (ft.) lot) Minimum yards Front (ft.) 15 15 15 15 15 15 15 15 (D), (E) 10% of 10% of 10% of 10% of lot lot lot Side (ft.) lot width, 10 10 10 l0 width, width, width, min 3' min. 3' min. 3' min. 3' max. 5' max. max. ►nax. 5' 5' 5' Street side 10 10 10 10 10 10 10 10 (E), (F), (ft.) (G) Side providing NA 15 15 15 15 12 12 12 (F), (N) pedestrian access (ft.) Rear (ft.) 10 5 5 5 5 5 5 5 (F), (H), (I) Distance between res. structures No primary pedestrian access to NA 15 15 15 15 8 8 8 (N) structures (ft.) Primary pedestrian access to NA 20 20 20 20 20 20 20 structures (ft.) Maximum height of 30 36 36 36 36 36 36 36 (J), (K) structure (ft.) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-14 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A Maximum lot 40% 40% 50% 50% 50% 60% 60% 60% coverage Minimum usable outdoor area (common and+'or 200 200 200 200 200 150 150 100 (L) private)/Dwellin g unit (sq. ft.) (A) Outside of downtown, only one unit is permitted, and no additional units are permitted, on lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots). (B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room. (C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus). (D) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be standard, or the average of improved lots on both sides of the street for the length of the block, whichever is less. (E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991 shall be set back twenty feet (20'). (F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title. (G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20') of the street side shall have a fifteen foot (15') setback. (H) In the MR or HR districts, where development is adjacent to a single-family district, the rear yard setback shall be ten feet (10'). (1) In order to provide adequate privacy and sunlight, additional separation may be required through design review. (J) The height limit in the Latham Street neighborhood ranges from thirty feet (30') to thirty-six feet (36'). See the downtown height map for lot -specific information. (K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus). (L) Private yard areas shall have a minimum dimension of six feet (6). In the HR districts, common indoor area suitable for recreational uses may be counted toward the usable outdoor area requirement. (M) Where a driveway is located in a side yard, a minimum of three feet (3') of buffer landscaping shall be provided between the driveway and side property line. The required rear yard shall be landscaped to provide a buffer. (N) Setback distances apply to areas that provide a primary pedestrian access only. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-15 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 50% 50% 50% 50% 50% 50% 50% 50% front front front front front front front front and and and and and and and and Landscaping street (M) side street street street street street street street side side side side side side side yards yards yards yards yards yards yards yards * Based on Parking * * * * * * * * use. See 14.18.040. (A) Outside of downtown, only one unit is permitted, and no additional units are permitted, on lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots). (B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room. (C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus). (D) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be standard, or the average of improved lots on both sides of the street for the length of the block, whichever is less. (E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991 shall be set back twenty feet (20'). (F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title. (G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20') of the street side shall have a fifteen foot (15') setback. (H) In the MR or HR districts, where development is adjacent to a single-family district, the rear yard setback shall be ten feet (10'). (1) In order to provide adequate privacy and sunlight, additional separation may be required through design review. (J) The height limit in the Latham Street neighborhood ranges from thirty feet (30') to thirty-six feet (36'). See the downtown height map for lot -specific information. (K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus). (L) Private yard areas shall have a minimum dimension of six feet (6). In the HR districts, common indoor area suitable for recreational uses may be counted toward the usable outdoor area requirement. (M) Where a driveway is located in a side yard, a minimum of three feet (3') of buffer landscaping shall be provided between the driveway and side property line. The required rear yard shall be landscaped to provide a buffer. (N) Setback distances apply to areas that provide a primary pedestrian access only. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-15 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 12. Antend Chapter 14.05 (Conunercial and Office Districts), Table 14.050.020 to read as follows: Table 14.05.020 Type of Land Use GC NC O C/O RIO FBWC* Additional Use Regulations Commercial Uses Animal sales and service, excluding exterior kennels, pens or runs Animal care CZ CZ CZ facilities Animal retail sales P P P Boat sales CZ CZ Building materials and supplies Brick, gravel, rock, concrete, lumber P* P* C and tile sales Electrical supply P* P* C stores Equipment rental P* P* C business Glass and window P* P* C stores Hardware stores P* P* P* P* C Paint stores P* P* C Plumbing stores (and ancillary P* P* C service) Business sales and service Blueprint and P P P P photocopy shops Computer services P P P P Locksmith shop P P P P Office furniture P P P P C AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 See Chapter 10.24. *See Outdoor storage. A-16 EXHIBIT A sales and rentals Office supply and business machine P P P shops Printing shops P P P Card rooms Coffee roasters CZ CZ Food and beverage service establishments Brew pubs CZ CZ Catering p CZ P establishments Cocktail lounges C C Fast food C C C restaurants Food service establishment, high C C volume Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge or live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or P P P P less in size (2) More than 1,000 P CZ CZ P sq. ft. in size Food service establishment with a P C CZ CZ P C CZ CZ cocktail lounge, live CZ CZ CZ CZ entertainment, and/or dancing Live Entertainment/ Dancing (without C C C food service) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 See Chapter 10.36. A-17 EXHIBIT A For outdoor eating areas on private property see Section 14.17.110 Outdoor eating A* A* A* A* A* A* standards. For outdoor areas seating areas located on city sidewalks or rights- of-way, see Section 14.16.277 standards. Food and beverage stores Bakeries, retail (and ancillary food P P P P P C service) Candy stores and P P P confectioneries Convenience CZ CZ CZ CZ markets *Operating between 11 p.rn. and 6 a.m. requires a Grocery stores and use permit (CZ) to review supermarkets P* P* P* C C lighting, noise, and compatibility with surrounding residential uses. Liquor stores (1) Less than 200 ft. from residential CZ CZ CZ CZ CZ district (2) 200 ft. or more from residential P P P C C district See Chapter 14.17 Fortunetelling A A standards. *Rear ground level or 2nd floor or above. Funeral intennent services (including CZ CZ mortuaries, but excluding crematories) Kiosks CZ CZ CZ CZ CZ Motor vehicle sales and service (including automobiles, AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-18 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A motorcycles, trailers, trucks and recreational vehicles) Auto detailing CZ Coin -op washing C C C Gasoline stations (including mini - markets, and minor repair, such as tune- C C C C ups, brakes, batteries, tires, and mufflers) Rentals CZ CZ CZ Repairs, major (engine work, CZ painting, and body work) Repairs, minor (tune-ups, brakes, batteries, tires, CZ CZ CZ mufflers and upholstery) Sales, new or used vehicles (1) Five or fewer vehicles displayed CZ CZ or stored on-site (2) More than five vehicles displayed C C or stored on-site Sales, parts and P P supplies Sales, tires and CZ CZ ancillary service Music rehearsal/recording CZ CZ studios Outdoor storage, including temporary or CZ CZ CZ CZ permanent storage AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 x See Chapter 14.16.160 C C regulations. For repair, see Chapter 14.17 standards. See Chapter 14.17 standards. CZ C See Chapter 14.17 standards. CZ C C CZ C A-19 EXHIBIT A containers Personal service establishments Artistic and photographic studios, without sale P P P of equipment or supplies Barber shops/beauty p P P P P C salons Dry cleaning establishments, with P P P P P no on-site processing Dry cleaning establishments, with CZ CZ CZ CZ CZ on-site processing Laundromats (self P P P P service) Massage and/or bodywork offices or P P P P P establishments Nail salons P P P P P Seamstress/tailor P P P P P Shoe repair P P P P P Recreational facilities (indoors) Bowling alleys C C C Game arcades C C Fitness/Recreation CZ CZ CZ CZ CZ facility Pool halls/billiards C C C Theaters C C C C Retail Antique stores P P C Apparel stores P P C Appliance stores P P C AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 See Chapter 8.34. See Chapter 10.32. See Chapter 14.17 standards. A-20 EXHIBIT A (and ancillary repair) (televisions, radios, P P Art, craft, music and computers, etc.) photographic supply P P P C stores P P Auctions P P See Chapter 10.16. Bicycle shops P P P C Book, gift, P P P C stationery stores repair) Department stores P P C Discount stores P P C Drug stores and P* P* P* C C pharmacies *Operating between 11 p.m. and 6 a.m. requires a use permit (CZ) to review lighting, noise, and compatibility with surrounding residential uses. Electronics sales (televisions, radios, P P C computers, etc.) Florist shops P P P P P Furniture stores and upholstery shops P P C (and ancillary repair) Gun shops C C See Chapter 14.17 standards. Jewelry stores P P Plant nurseries and P* P* P* C *See Outdoor storage. garden supply Secondhand stores CZ CZ See Chapter 10.20. and pawnshops Shoe stores P P C Shopping centers C C C C Sporting goods P P C stores Stamp and coin P P shops AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-21 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A Swimming pool P P supplies Tobacco Retailer, C C Significant Toy stores P P P Variety stores P P Video sales and P P P rentals Offices and Related Uses Financial services and P P P P institutions Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) C E• P P Clinics C C C C** C Hospitals C Major medical facilities, including extended care facilities (treatment C and convalescent) and children's treatment facilities AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 C Shall not be located within 1,000 feet from: schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed daycare centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. **4th Street west of D Street: Rear ground level or 2nd floor or above. A-22 EXHIBIT A Laboratories CZ CZ CZ CZ** CZ Medical offices CZ CZ P P* P Offices, general CZ P* P P** P Public and Quasi - Public Uses Clubs and lodges, C C C including youth groups Public facilities Administrative C P P* offices Day services center C C C C Job center C Libraries, museums and other cultural C C C C facilities Public and utility facilities (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public facilities, other (police, fire, C C C C paramedic, post office, etc.) Public parks, playgrounds, and P P P P recreation facilities Religious institutions C C C C Schools Parochial, private C C C* AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 P [a] C C C C P C C **4th Street west of D Street: Rear ground level or 2nd floor or above. *4th Street west of D Street: Rear ground level or 2nd floor or above. *Rear ground level or 2nd floor or above. **4th Street west of D Street: Rear ground level or 2nd floor or above. *Rear ground level or 2nd floor or above. *Rear ground level or 2nd A-23 EXHIBIT A Public P P P P P Specialized C C education and CZ CZ CZ CZ training A A Residential Uses Single-family C residential Duplex residential C Multifamily residential A C P A P Animal keeping Caretaker's residence Emergency shelters for the homeless Permanent Temporary or rotating Home occupations Live/work quarters Mobilehome park Residential care facilities for the handicapped Small (0-6 residents) Large (7 or more residents) Residential care facilities, other Small (0-6 residents) Large (7 or more A CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ CZ C C C C C C C P P P P A A A A C C C P P A A C P P P P P P P P P P P P P P P P C C C C P P C C floor or above. *See Chapter 14.17 standards. Only in a mixed-use development. See Chapter 14.17 standards. See Chapter 14.17 standards. See Chapter 14.16 regulations. See Chapter 14.17 standards. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-24 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A residents) Rooming or boarding A C A A A A See Chapter 14.17 houses standards. Day Care Day care facility, child or adult Family day care Small (0-8 children or P P P adults) Large (9-14 CZ CZ CZ See Chapter 14.17 children) standards. Large (9-14 CZ CZ CZ adults) Day care center (15 or more children or CZ CZ CZ CZ CZ C adults) Visitor Accommodations Hotels, motels, or bed C C C C and breakfast inns Transportation Facilities Bus stations C C C "Park and ride" CZ CZ CZ C facilities Parking facilities, commercial or CZ CZ CZ CZ C municipal Taxi stations C C C Transit stations or C C C See Chapter 10.60. transitways Temporary Uses Temporary uses A A A A CZ A See Chapter 14.17 standards. Accessory Structures and Uses AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-25 Title 14 (Zoning) —Adopted June 7, 2010 ZO09-001 EXHIBIT A Accessory structures and uses customarily See Chapter 14.16 incidental to a permitted P P P P P P use and contained on the regulations. same site. 13. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.022 (Downtown Districts) to read as follows: Table 14.05.022 Type of Land Use 4SRC HO CSMU 2i3 2i3 WEV 5/M MUE MUM R/O Commercial Uses Animal sales and service, excluding exterior kennels, pens or runs (1) Animal care facilities CZ CZ CZ CZ CZ CZ Animal retail sales P P(27) P CZ P Building materials and supplies Brick, gravel, rock, concrete and lumber sales Electrical supply stores Equipment rental businesses (2) Glass and window stores Hardware stores (2) P P Paint stores (2) P P Plumbing supply stores (and ancillary service) Business sales and service Blueprint and photocopy P P shops Computer services P P Locksmith shop P P Office furniture sales and P P rentals AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 P(3) P 1-1 P P P P P P P P P P P P(4) P P P P P(4) P P P P P(4) P P P P P(4) A-26 EXHIBIT A Office supply and business P P P machine shops P CZ P(4) Printing shops CZ CZ CZ Card rooms (5) C C Coffee roasters CZ CZ CZ Food and beverage service establishments Brew pubs CZ CZ CZ Catering establishments CZ CZ CZ Cocktail lounges (without C C C food service) Fast food restaurants C C C Food service establishment, high C C C volume Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge or live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in P P P size (2) More than 1,000 sq. ft. P P P in size Food service establishment with a cocktail lounge, live CZ CZ CZ entertainment, and/or dancing Live entertainment and/or dancing (without food C C C service) Outdoor eating areas (6) A A A Food and beverage stores Bakeries, retail (and P P P ancillary food service) Candy stores and P P P AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 P P P P(4) CZ CZ CZ CZ(4) CZ CZ CZ CZ(4) CZ CZ CZ P P CZ P(4) C C C C(4) C C C C C C P P P P(4) P P P CZ(4) CZ CZ CZ CZ (4) C C C C A A A A(4) P P P P(4) P P P P(4) A-27 EXHIBIT A confectioneries CZ CZ(4) Convenience markets (7) CZ CZ CZ Grocery stores and P P P supermarkets (7) CZ Liquor stores CZ CZ (1) Less than 200 ft. from CZ CZ CZ residential district (2) 200 or more ft. from P P P residential district Fortunetelling (8) A(9) A(9) A Funeral and interment services (including mortuaries, but excluding crematories) Kiosks CZ CZ CZ Motor vehicle sales and service (including automobiles, motorcycles, trailers, trucks and recreational vehicles) Auto detailing Coin -op washing Gasoline stations (including mini -markets, and minor repair, such as C tune-ups, brakes, batteries, tires, and mufflers) (10) Rentals Repairs, major (engine work, painting, and body work) (11) Repairs, minor (tune-ups, brakes batteries tires CZ CZ CZ CZ(4) P P P C(4) CZ CZ CZ CZ(4) P P P CZ(4) A A(9) CZ CZ CZ CZ CZ CZ CZ CZ C C C C C CZ(2) CZ(2) '5 1CZ CZ(3) CZ CZ mufflers and upholstery) (ll) Sales, new or used C vehicles Sales, parts and supplies P P P P P Sales, tires and ancillary CZ CZ service AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) —Adopted June 7, 2010 ZO09-001 CZ P P(4) A-28 EXHIBIT A Music rehearsal/recording CZ(9) CZ CZ CZ CZ CZ(9) CZ studios Outdoor storage, including temporary or permanent CZ storage containers Personal service establishments Artistic and photographic studios, without sale of P P P P P P P(4) equipment or supplies Barber shops/beauty P P P P P P P(4) salons Dry cleaning establishments, with no P P P P P P P(4) on-site processing Dry cleaning establishments, with on- CZ CZ CZ CZ CZ CZ CZ(4) site processing Laundromats (self-service) P P P P P P(4) (7) Massage and/or bodywork offices or establishments P(9) P(9) P(9) P(9) P(9) P(9) P(9) (12) Nail salons P P P P P P P(4) Seamstress/tailor P P P P P P P(4) Shoe repair P P P P P P P(4) Recreational facilities (indoors) Bowling alleys (13) C Game arcades (14) C C C C Fitness/Recreation facility CZ CZ CZ CZ CZ CZ CZ (4) Pool halls/billiards C C C C Theaters C C C C C C Retail Antique stores P P(27) P P P P P(4) Apparel stores P P(27) P P P P P(4) Appliance stores (and P P(27) P P P P P(4) ancillary repair) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-29 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A Art, craft, music and photographic supply P P P P P P P(4) stores Auctions (15) P P P P P P P(4) Bicycle shops P P(27) P P P P P(4) Book, gift, stationery P P P P P P P(4) stores Department stores P P P P P P P(4) Discount stores P P P P(16) P P P(4) Drug stores and P P P P P P P(4) pharmacies (7) Electronics sales (televisions, radios, P P P P P P P(4) computers, etc.) Florist shops P P P P P P P(4) Furniture stores and upholstery shops (and P P(27) P P P P P(4) ancillary repair) Gun shops C C C C C Jewelry stores P P(27) P P P P(4) Plant nurseries and garden P(2) P(2) P(2) P(2) P(2) P(2) P(2)(4) supply Secondhand stores and CZ CZ CZ CZ CZ CZ CZ(4) pawnshops (17) Shoe stores P P(27) P P P P P(4) Shopping centers C C C C C C C(4) Sporting goods stores P P(27) P P P P P(4) Stamp and coin shops P P(27) P P P P P(4) Swimming pool supplies P P P P P P Tobacco Retailer, C(28) C(28) C(28) C(28) C(28) Significant Toy stores P P(27) P P P P P(4) Variety stores (7) P P P P P P P(4) <2,000 Video sales and rentals P P(27) P sf. P 2000+ P P P(4) sf. CZ AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-30 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A Offices and Related Uses Financial services and P(9), P P institutions A(18) Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) Clinics C(9) C C Hospitals Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities P P P(9)' P A(l 8) C C C(9)' C C(18) Laboratories CZ(9) CZ CZ CZ Medical offices P(9) P P P Offices, general A] 8) P P P C CZ CZ(9, CZ 18) P P(9), P A(18) P P(9), p A(18) Public and Quasi -Public Uses Clubs and lodges, including C(9) C C C C C(9) youth groups Public facilities Administrative offices A(l), P P P P A(1), P Day services center C Libraries, museums, and C C C C C C C other cultural facilities Public facilities, other (police, fire, paramedic, C C C C C C C post office, etc.) Public parks, playgrounds, and P P P P P P P recreational facilities Religious institutions C C C C C C C AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-31 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A Schools Parochial, private C(9) C C C C C(9) C Public P P P P P P P Specialized education and CZ (9, CZ CZ CZ CZ CZ(9, CZ training 18) 18) Residential Uses Single-family residential Duplex residential P P Multifamily residential (19) A A(29) A A(20) A A P Animal keeping A A A A A A A Caretaker's residence A A(29) A A(20) A A A Emergency shelters for the homeless Permanent Temporary or rotating C C C C C C C Home occupations (22) P P P P P P P Live/work quarters (19) A A(29) A A(20) A A A Residential care facilities for the handicapped in dwelling unit (19) Small (0-6 residents) P P(29) P P(20) P P P Large (7 or more p P(29) P P(20) P P P residents) Residential care facilities, other in dwelling unit (19) Small (0-6 residents) P P(29) P P(20) P P P Large (7 or more C C(29) C C(20) C C C residents) Rooming or boarding houses A A(29) A A(20) A A A (19) Day Care Day care facility, child or adult Family day care Small (0-8 children or P P P P P P P AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-32 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A adults) Large (9-14 children) CZ CZ CZ CZ CZ CZ CZ Large (9-14 adults) C C C C C C C Day care center (15 or more CZ(9) CZ CZ CZ CZ CZ(9) CZ children or adults) Visitor Accommodations Hotels, motels, or bed and C C C C C C C breakfast inns Transportation Facilities Bus stations C C "Park and ride" facilities CZ CZ CZ Parking facilities, commercial CZ CZ CZ(3) CZ CZ CZ CZ or municipal Taxi stations (24) C C C Transit stations or transitways C C C Temporary Uses Temporary uses (25) A A A A A A A Accessory Structures and Uses Accessory structures and uses customarily incidental to a P P P P P P P permitted use and contained on the same site (26) (1) See Chapter 10.24. (2) See "Outdoor storage." (3) Use not allowed on lots which have frontage along "A" and "B" Streets. (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (5) See Chapter 10.36. (6) For outdoor eating areas on private property, see Section 14.17.110 standards. For outdoor seating areas located on city sidewalks or rights-of-way, see Section 14.16.277 standards. (7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ). (8) See Section 14.17.060 (Fortunetelling). (9) Use allowed on Fourth Street frontage only in a rear ground level demised space behind a separate retail demised space with a separate entrance or on the second floor or above. (10) See Section 14.16.160 (Gasoline stations). (11) See Section 14.17.090 (Motor vehicle repair uses). (12) See Chapter 8.34. (13) See Chapter 10.32. (14) See Section 14.17.070 (Game arcades). (15) See Chapter 10.16. (16) Office -support retail only. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-33 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A (17) See Chapter 10.20. (18) Office use on the Fourth Street frontage is limited to customer -service office use only. See Section 14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West End Village) of this title. (19) See Section 14.17.100 (Residential uses in commercial districts). (20) Residential use allowed if part of a mixed-use development. (21) Repealed April 2006 (22) See Section 14.16.220 (Home occupations). (23) See Section 14.17.040 (Family day care home, large). (24) See Chapter 10.60. (25) See Section 14.17.130 (Temporary uses). (26) See Section 14.16.020 (Accessory uses). (27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage. (28) Shall not be located within one thousand feet (1,000') from: schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. (29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where residential use is allowed on the rear ground level and second floor and above. 14. Amend Chapter 14.05 (Commercial and Office Districts), Section 14.05.030 to read as follows: 14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC). NR: Not required unless otherwise noted in Additional Standards. NA: Not applicable. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits for a listing of improvements subject to review and design guidelines and criteria for development. 15. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.030 to read as follows: Table 14.05.030 GC NC O C/O R/O FBWC Additional Standards Minimum lot 2,000/ area (sq. ft.) 69000 6,000 7,500 building 6,000 6,000 Minimum lot area/dwelling 1,000 1,800 1,000 1,000 1,000 1,000 (A),(N), unit (sf) (0) (Max. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-34 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 Residential 20 Intensity) 6 Floor Area Ratio 10 (Max. Non - NR Residential NR Intensity) NR Minimum lot 60 width (ft.) Minimum yards: Front (ft.) NR Side (ft.) NR Street side NR (ft.) Rear (ft.) NR Maximum height of 36 structure Maximum lot NR coverage EXHIBIT A * * * 60 60 NR NR 20 NR 6 NR 10 NR 20 36 feet; 30 feet for a residential- 36 -only building * * NR NR NR NR NR NR NR NR NR NR NR NR 36 36 36 NR 40% NR NR NR * See 14.16.150 (B) (B) (B) (B) (C), (D), (E), (F), (G), (H) Minimum 15% 10% 25% NR 10% 15% (I), (J), (K), landscaping (L) Usable outdoor NR NR NR NR NR NR (M) area * Based on Parking * * * * * * use. See 14.18.040 (A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6) wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (D) Hotels have a four (4) story fifty-four feet (54') height limit. A one-story twelve feet (12') height bonus may be approved as part of a design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) Repealed 3/18/96. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-35 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A (F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three stories. (G) See general plan downtown height map for lot -specific height limits. (H) A height bonus may be permitted in residential development as provided for in Section 14.16.190, Height bonus. (I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10') of buffer landscaping must be provided. (J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. (K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (L) A landscaped amenity area for employees and the public is encouraged in office and commercial projects. (M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project. (N) Outside of downtown, only one unit is permitted, and no additional units are permitted, on lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots). (0) A density bonus may be granted, as provided for in Section 14.16.090. 16. Amend Chapter 14.05 (Commercial and Office Districts), Section 14.05.032 to read as follows: 14.05.032 Property development standards (4SRC, HO, CSMU, 2/3 NUE, 2/3 NH W, WEV, 5/M R/O). NR: Not required unless otherwise noted in "Additional Standards." Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. 17. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.032 to read as follows: Table 14.05.032 4SRC HO CSMU 2/3 2/3 MUE MUW Minimum Lot 2,000/ Area (sq. ft.) building Minimum Lot Area/Dwelling 600 Unit (sf) (Max. 6 000 2,000/ 6,000 6,000 ' building ' 600 600 600 1,000 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 5/M Additional WEV R/O Standards 6,000 6,000 1,000 1,000 (A), (M) A-36 Residential Intensity) NR- Floor Area 5 Ratio (Max. NR Non -Residential (D) Intensity) NR Minimum Lot 25 Width (ft.) NR Minimum NR Yards: (B) Front (ft.) NR Side (ft.) NR Street side NR (ft.) Rear (ft.) NR Maximum 36-54 Height of (102' Structure (ft.) Ctlls. NR Sq.) Maximum Lot NR Coverage 10% Minimum NR Landscaping Ubl O td EXHIBIT A rflf� ' NR NR NR NR NR NR NR NR 46-- 36-54 66 NR NR 10% NR * * * * * See 14.16.150 60 60 25 60 aa e u oor NR NR NR NR NR NR NR (L) Area * Based on use. See Parking * * * * * * * 14.18.040, 14.18.060 and 14.18.061 (A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or rear yard shall be ten feet (10'). (C) In the 5/M R/O district west of "E" Street, the minimum front yard setback shall be fifteen feet (15') or the average of improved lots on both sides of the street for the length of the block, whichever is less, except that on Fifth Avenue east of "E" Street there shall be no minimum front yard setback. (D) In the Second/Third mixed use districts, the front yard must be landscaped, or a minimum five feet (5') must be landscaped between the sidewalk and street. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-37 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 NR- (B), (C), 5 5 NR 15 (D) NR NR NR NR (B), (E) NR NR NR NR (B) NR NR NR NR (B), (E) (F), (G), (H), 54 36--42 30-36 42 (I) NR NR NR NR 10% 10% NR 10% (J), (K) aa e u oor NR NR NR NR NR NR NR (L) Area * Based on use. See Parking * * * * * * * 14.18.040, 14.18.060 and 14.18.061 (A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or rear yard shall be ten feet (10'). (C) In the 5/M R/O district west of "E" Street, the minimum front yard setback shall be fifteen feet (15') or the average of improved lots on both sides of the street for the length of the block, whichever is less, except that on Fifth Avenue east of "E" Street there shall be no minimum front yard setback. (D) In the Second/Third mixed use districts, the front yard must be landscaped, or a minimum five feet (5') must be landscaped between the sidewalk and street. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-37 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A (E) Parking and maneuvering areas may be permitted in the required rear and side yards, per Section 14.18.200 (Location of parking and maneuvering areas). (F) See general plan downtown height map for lot -specific limits. (G) Exceptions to the height limit may be granted, subject to the provisions of Chapter 14.24 (Exceptions). (H) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings over three stories). (I) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus). (J) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R district, six feet (6) of buffer landscaping must be provided. (K) For parking lot landscaping, see Section 14.18.160 (Parking lot screening and landscaping). (L) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project. (M) A density bonus may be granted, as provided for in Section 14.16.030. 18. Amend Chapter 14.06 (Industrial Districts), chapter title to read as follows: Chapter 14.06 rN-DUSTRIAL DISTRICTS (I, LI/O, CCl/O, LMU) Sections: 14.06.010 Specific purposes. 14.06.020 Land use regulations (I, LI/O, CCl/0 LMU). 14.06.030 Property development standards (I, LI/O, CCl/0 LMU). 19. Amend Chapter 14.06 (Industrial Districts), Table 14.16.020 to read as follows: Table 14.06.020 Types of Land Use I LI/O CCl/0 LMU Additional Use Regulations Industrial Uses Boat building and repair C Industry, general Asphalt mix plants C *Permitted by right unless within 300 feet of a Assembly plants P P P P* residential district, in which case it is "CZ," subject to a use permit. Biotechnology firms C C C C Cabinet shops P* P* P* P* *Permitted by right unless AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-38 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Candle making shop Ceramic shop EXHIBIT A P* P* P* P P* P* Chemical manufacture or C processing Clothing manufacturing P Concrete mix plants C Contractor's yards P (screened) Dry boat storage C Dry cleaning plants Electronics industry Food manufacture or processing Fuel yards within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. *Permitted by right unless within 300 feet of a P* residential district, in which case it is "CZ," subject to a use permit. *Permitted by right unless within 300 feet of a P* residential district, in which case it is "CZ," subject to a use permit. P P P CZ CZ CZ C C C P P P C C C P* P* P* C Furniture manufacturing P* P* P* Furniture refinishing or P* P* P* repair AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 *Permitted by right unless within 300 feet of a P* residential district, in which case it is "CZ," subject to a use permit. C *Permitted by right unless within 300 feet of a P* residential district, in which case it is "CZ," subject to a use permit. *Permitted by right unless within 300 feet of a P* residential district, in which case it is "CZ," subject to a use permit. *Permitted by right unless P* within 300 feet of a residential district, in which case it is "CZ," A-39 EXHIBIT A subject to a use permit. Laboratories CZ CZ CZ CZ *Permitted by right unless within 300 feet of a Machine shops P* P* P* residential district, in which case it is "CZ," subject to a use permit. Metal fabrication, forging C C C C or welding shops *Permitted by right unless See Section 14.16.150(G)(4) for FAR within 300 feet of a Packaging plants P* P* P* P* residential district, in be located behind an active street front or bay front which case it is "CZ," use. Moving companies P C C C Storage, warehousing and P P p subject to a use permit. Pharmaceutical C C C C Waste Management manufacturing AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-40 Title 14 (Zoning) — Adopted June 7, 2010 Planing mills C C Printing shops P P P P Research and development C facilities Research and development C C C industry Research and development P P P services Rock, sand or gravel plants (crushing, screening and C stockpiling) See Section 14.16.150(G)(4) for FAR exception. For lots facing Mini -storage p p p P Highway 101 or 580 or the Bay, mini -storage use must be located behind an active street front or bay front use. Moving companies P C C C Storage, warehousing and P P p P See Outdoor storage. distribution Trucking yards and terminals C Waste Management AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-40 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Hazardous waste transfer, storage, treatment and C recycling Resource recovery and C recycling Solid waste management C (collection, disposal) Transfer stations C Wholesale and distribution P Offices and Related Uses Financial services and institutions Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) Clinics Laboratories C Offices, medical Offices, general C* Commercial Uses C C Animal care facilities (with or C C* without exterior kennels, pens CZ or runs) P* Building materials and *See Outdoor storage. supplies P* Brick, gravel, rock, *See Outdoor storage. concrete, lumber, tile sales P* Electrical supply stores P* Equipment rental business P* Glass and window stores P* Hardware stores P* EXHIBIT A P P P CZ CZ C C C C C C C C* C** C C* See hazardous waste management plan standards. See Chapter 10.72. *Max. of 5,000 sq. ft. or less . *5,000 sq. ft. or less. **See Section 14.16.150(B)(2) *Without exterior kennels, CZ CZ CZ* pens or runs (See Chapter 10.24). P* P* P* *See Outdoor storage. P* P* P* *See Outdoor storage. P* P* P* *See Outdoor storage. P* P* P* *See Outdoor storage. P* P* P* *See Outdoor storage. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-41 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Paint stores P* Plumbing supply stores P* (and ancillary service) P* Business sales and service P* Blueprint and photocopy P shops Computer services Locksmith shop P Office furniture sales and rentals Office supply and business machine shops Printing shops P Card rooms C Coffee roasters P Food and beverage establishments Brew pubs CZ Catering P Cocktail lounges (without food service) Fast food restaurants C Food service establishment, high volume Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge or live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in CZ size (2) More than 1,000 sq. ft. in size Food service EXHIBIT A P* P* P* *See Outdoor storage. P* P* P* *See Outdoor storage. P P P P P P P P P P P P P P P P P P P P C CZ P C C C CZ CZ C CZ P x P CZ CZ CZ See Chapter 10.36. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-42 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A establishment, with a cocktail lounge, live entertainment and/or dancing Live entertainment and/or dancing (without food C service) For outdoor eating areas on Crematories C Maintenance and repair private property, see Section 14.17.110 Outdoor eating areas A A A A standards. For outdoor seating areas located on Appliance repair city sidewalks or rights-of- P* way, see Section 14.16.277 P* standards. Food and beverage stores Bakeries (with ancillary Furniture upholstery food service 1,000 sq. ft. P* or less in size) P* (1) Retail P P (2) Wholesale P P P P Funeral interment services Title 14 (Zoning) — Adopted June 7, 2010 Mortuaries P P P Z009-001 Crematories C Maintenance and repair services Appliance repair P* P* Building maintenance P* P* services Furniture upholstery P* P* General contractors P* P* Motor vehicle sales and AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Must be located at least 650 ft. from any residential zoning district and/or schools, including private, parochial, public, nursery, preschool and child day care facilities; Crematory stack and delivery entrance may not be visible from public streets. P* P* *See Outdoor storage. P* P* *See Outdoor storage. P* P* *See Outdoor storage. P* P* *See Outdoor storage. A-43 EXHIBIT A service (including automobiles, motorcycles, trailers, trucks and recreational vehicles) Auto detailing P CZ CZ C Coin -op washing C C C C Gasoline stations (including mini -markets, See Chapter 14.16 and minor repair, such as C C C regulations. For repair, see tune-ups, brakes, batteries, Chapter 14.17 standards. tires and mufflers) Rentals CZ CZ CZ CZ See Chapter 10.84. Repairs, major (engine See Chapter 14.17 work, painting, body A A A CZ standards. work) Repairs, minor (tune-ups, See Chapter 14.17 brakes, batteries, tires, A A A CZ standards. mufflers, upholstery) Sales, new or used C/CZ* C/CZ* C/CZ* C/CZ* *For sales of five or fewer vehicles cars. Sales, parts and supplies P P P P Towing businesses C C C C Wrecking yards C See Chapter 10.52. Music rehearsal/recording p CZ CZ CZ studios Outdoor storage CZ CZ CZ CZ Personal service establishments Artistic and photographic studios, without sale of P P P equipment or supplies Barber shops. /beauty P P P salons Dry cleaning establishments with or P P P P without on-site processing facilities Laundromat (self service) P P P Nail Salon P P P Seamstress/tailor P P P AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-44 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A Shoe repair P P P Recreational Facilities (indoors) Bowling alleys CZ CZ CZ Fitness/Recreation facility CZ CZ CZ Retail Drug stores and C pharmacies Florist C Specialty retail, region- C serving Public and Quasi -Public Uses Clubs and lodges, including C C C youth groups Public facilities Administrative offices C* P P P Day services center C C C Job center C C C Public and utility facilities (corporation, maintenance C C C C or storage yards, utility distribution facilities, etc.) Public facilities, other (police, fire, paramedics, P P P P post office, etc.) Public parks, playgrounds and C recreation facilities Religious institutions C C C Schools Parochial, private C C Public P P Specialized Education and CZ CZ CZ Training Residential, Day Care and Visitor Accommodation Uses AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) —Adopted June 7, 2010 ZO09-001 *5,000 sq. ft. or less. A-45 Live/Work Quarters Caretaker's residence CZ Day care centers CZ Emergency shelters for the homeless 14.17.100(C)(9) Permanent C Rotating or temporary C Hotels or motels Cz Transportation facilities Bus stations C Heliport "Park and ride" facilities CZ Parking facilities, commercial CZ or public C Taxi stations C Transit stations or transitways C Temporary Uses Temporary uses A Accessory Structures and Uses Accessory structures and uses customarily incidental and P contained on the same site EXHIBIT A 20. Amend Chapter 14.06 (Industrial Districts), Section 14.06.030 to read as follows: 14.06.030 Property development standards (I, LI/O, CCl/0 LNIU). NR: Not required, unless otherwise noted in Additional Standards Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-46 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 See Section A 14.17.100(C)(9) (Live/Work Quarters). Cz Cz Cz Cz Cz Cz C C C C C C C C C C C CZ CZ CZ CZ C C See Chapter 10.60. I C C A A A See Chapter 14.17 standards. P P P See Chapter 14.16 regulations. 20. Amend Chapter 14.06 (Industrial Districts), Section 14.06.030 to read as follows: 14.06.030 Property development standards (I, LI/O, CCl/0 LNIU). NR: Not required, unless otherwise noted in Additional Standards Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-46 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 21. Amend Chapter 14.06 (Industrial Districts), Table 14.06.030 to read as follows: Table 14.06.030 Parking * * * * *Based on use. See l 4.18.040 (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10'). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6') wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconfonning, and are listed in Section 14.16.040, Buildings over three stories. (D) In the LI/O and CCI/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for development facing Lindaro Street, and in the I District, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10') of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Boulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-47 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 I LI/O CCl/0 LMU Additional Standards Minimum lot area (sq. ft.) 6,000 6,000 6,000 6,000 Minimum lot width (ft.) 60 60 60 60 Minimum yards: Floor Area Ratio (Max. Non- * * * * * See Section Residential Intensity) 14.16.150 Front (ft.) NR 20 NR NR (A) Side (ft.) NR 10 or NR NR (A), (B) 20.'0 Rear (ft.) NR 10 NR NR (A), (B) Maximum height of structure (ft.) 36 36 36 36 (C) Maximum lot coverage NR NR NR NR (D), (E), (F), (G), (H), Minimum landscaping 10% 20% 10% 10% (I) Parking * * * * *Based on use. See l 4.18.040 (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10'). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6') wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconfonning, and are listed in Section 14.16.040, Buildings over three stories. (D) In the LI/O and CCI/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for development facing Lindaro Street, and in the I District, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10') of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Boulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-47 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A (I) In the LI/O district, a minimum twenty feet (20') of the front setback must be landscaped. 22. Amend Chapter 14.07 (Planned Development District), Section 14.07.020 to read as follows: 14.07.020 Land use regulations. A. No use other than an existing use or a temporary use approved pursuant to section D below, shall be permitted in a PD district except in accord with a valid development plan. Any permitted or conditional use authorized by this title may be included in an approved development plan, consistent with the general plan land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish the range of allowable land uses for the development. B. A master use permit or individual use permits may be required to establish specific uses on the property consistent with general plan land uses and parking standards. A master use permit shall be required for nonresidential, phased and/or multi -tenant development. C. A development plan is not required for existing school sites located in the PD district. A use permit shall be required for any nonpublic school uses of the site, or for reuse of any existing school facilities, per Section 14.09.020, Land use regulations (P/QP). A development plan shall be required when such property redevelops. D. Temporary uses may be permitted within a PD District, with or without an approved or valid development plan. The performance standards and provisions of Section 14.17.130 of this title shall apply to temporary uses, and shall be administered through a use permit (zoning administrator). 23. Amend Chapter 14.07 (Planned Development District), adding new Section 14.07.035 (Established PD Districts containing no development standards or regulations) to read as follows: 14.07.035 Established PD district containing no development standards or regulations. When an established PD district does not contain or include site-specific regulations or spatial standards necessary to guide and approve building additions, modifications or property improvements, the following shall apply: A. For proposed additions and modifications to principal structures and primary uses, the community development director shall detennine, based on development characteristics, use and density, and the contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD district. The regulations and spatial standards of the most compatible zoning district shall be applied, subject to the approval of an Environmental and Design Review Permit. B. For accessory structures, fences and other ancillary improvements, the regulations of Chapter 14.16 of this title shall apply. C. The community development director shall determine if the improvements proposed per A and B above are major or minor. Improvements determined to be major shall require an amendment to the PD zoning per Section 14.07.150 of this chapter. Improvements determined to be minor shall not require an amendment to the PD zoning. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-48 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 24. Amend Chapter 14.08 (Marine District) chapter title to read as follows: Chapter 14.08 MARINE DISTRICT (M) Sections: 14.08.010 Specific purposes. 14.08.020 Land use regulations (M). 14.08.030 Property development standards (M). 25. Amend Chapter 14.08 (Marine District), Section 14.08.020 to read as follows: 14.08.020 Land use regulations (M). P: Permitted by right; C: Conditional use pen -nit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. 26. Amend Chapter 14.08 (Marine District), Table 14.08.020 to read as follows: Table 14.08.020 Type of Land Use M Additional Use Regulations Marine Uses Boat building and repair C Boat sales and rentals P Charter boat businesses P Clubs and lodges, including youth groups, with a marine focus or purpose C (boating, fishing, study of marine biology, etc.) Contractor's shops related to marine activities, including welding, small CZ machinery repair and marine engine repair Equipment rentals related to boating, P fishing, etc. Fish and bait sales, retail Indoors P Outdoors C Fishing enterprises, commercial and/or recreational, including support facilities C (hoist, ice plant, storage, packing and sales area and related offices) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-49 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A Fishing supply stores, including bait and P stores Fuel yards strictly for boats C Marinas, including boat slips, offices (sales, management, etc.), harbor, clubhouse, marine -related retail and C support services (restrooms, showers, laundry, caretaker's residence, pump - outs, etc.) Marine electronics: sales, manufacturing, assembly, testing or repairs (including electrical, electromechanical or C electronic equipment, or systems related to harbor or marine activities) Marine industry sales, including boat machinery, parts and incidental P hardware Marine supply stores P Marine testing laboratories, research and C development facilities Museum, marine -related C Offices, business support for marine P industry, including security Outdoor storage, including temporary or CZ permanent storage containers Parks with marine recreational features P or concessions Schools, sailing, boating, etc. P Storage, boat (wet or dry) P Warehousing, strictly for storage of CZ boats, boat trailers and fishing gear Yacht clubs C Commercial Food and beverage service establishments Cocktail lounges (without food C service) Food service establishments (with or without incidental serving of beer or AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-50 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 wine) and without a cocktail lounge, live entertainment and/or dancing (1) 1,000 sq. ft. or less in size (2) More than 1,000 sq. ft. in size Food service establishments with a cocktail lounge, live entertainment and/or dancing Live entertainment and/or dancing (without food service) Outdoor eating areas Retail and Office Uses EXHIBIT A P CZ CZ C For outdoor eating areas on private property, see Section 14.17.110 standards. For outdoor A seating areas located on city sidewalks or rights-of-way, see Section 14.16.277 standards. Retail and administrative, business and professional office uses listed as P/C/A* permitted or subject to use permit in General Commercial District Public and Quasi -Public Uses Public utility facilities Residential and Visitor Accommodation Uses Multifamily residential Emergency shelters for the homeless Permanent Temporary Home Occupations Live/Work quarters Residential care facilities for the handicapped Small (0-6 residents) Large (7 or more residents) Residential care facilities, other Small (0-6 residents) C A *See "Retail" heading in the General Commercial district for pennitted and conditional retail and office uses. Non -marine related office use allowed on second floor or above in a mixed-use building. Ground floor non -marine office use is not allowed. Allowed on the second floor or above in a mixed-use project. C C P See Section 14.16.220 (Home Occupations). A See Section 14.17.100(C)(9) (Live/Work Quarters regulations). P 0 P AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-51 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 Large (7 or more residents) Rooming or boarding houses Caretaker's residence Hotels or motels Transportation Facilities "Park and ride" facilities Parking facilities, public Temporary Uses Temporary uses Accessory Uses and Structures Accessory uses and structures customarily incidental to a permitted use and contained on the same site EXHIBIT A C See Section 14.17.100(C)(8) (Boarding House C regulations). Allowed on the second floor or above in a mixed-use project. CZ C CZ CZ A See Chapter 14.17 standards. P See Chapter 14.16 regulations. 27. Amend Chapter 14.08 (Marine District), Section 14.08.030 to read as follows: 14.08.030 Property development standards (M). NR: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development. 28. Amend Chapter 14.08 (Marine District), Table 14.08.030 to read as follows: Table 14.08.030 M Additional Standards Minimum lot area (sq. ft.) 6,000 Minimum lot area/dwelling unit (sq. ft.) (Max Residential 2,000 (G) Intensity) Floor Area Ratio (Max Non -Residential Intensity) * * See Section 14.16.150 Minimum lot width (ft.) 60 Minimum yards: Front (ft.) NR (A) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-52 Title 14 (Zoning) —Adopted June 7, 2010 ZO09-001 EXHIBIT A Side (ft.) NR (A) Rear (ft.) NR (A) Maximum height of structure (ft.) 36 (B), (C), (D) Minimum landscaping 10% (E) Usable outdoor area (F) Parking * * Based on Use. See l 4.18.040 (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district, Chapter 14.15. (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three stories. (D) Hotels have a four (4) story height limit. A five (5) story height may be approved as part of an environmental and design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (F) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project. (G) A density bonus may be granted, as provided for in Section 14.16.090. 29. Amend Chapter 14.09 (Public/Quasi-Public District), Section 14.09.030 to eliminate reference to trip allocations (as they are no longer administered by the City) and to reference the appropriate planning review documents as follows: 14.09.030 Property development standards (P/QP). NR: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. 30. Amend Chapter 14.09 (Public/Quasi-Pitblic District), Table 14.09.030 to read as follows: Table 14.09.030 P/QP Additional Standards Minimum lot area (sq. ft.) NR AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-53 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A Minimum Lot Area/dwelling unit (sq. ft.) (Max. Residential 1,800 Intensity) Floor Area Ratio (Max Non -Residential Intensity) * * See 14.16.150 Minimum lot width (sq. ft.) NR Minimum yards: Front (ft.) NR (A) Side (ft.) NR (A) Rear (ft.) NR (A) Maximum height of structure (ft.) 36 (B), (C) Maximum lot coverage NR Minimum landscaping 10% (D) Parking * * Based on use. See 14.18.040 (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories. (D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. 31. Amend Chapter 14.10 (Parks/Open Space District), Sectio: 14.10.030 to read as follows: 14.10.030. Property Development Standards (P/OS). NR: Not required, unless otherwise noted in Additional Standards. Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. 32. Amend Chapter 14.10 (Parks/Open Space District), Table 14.10.030 read as follows: Table 14.10.030 P/OS Additional Standards Minimum lot area (sq. ft.) NR AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-54 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A Minimum lot width (ft.) NR Minimum yards: Front (ft.) NR Side (ft.) NR Rear (ft.) NR Maximum height of structure 36 (A) Parking * *Based on use. See 14.18.040 (A) Exceptions may be granted for a height above thirty-six feet (36% subject to the provisions of Chapter 14.24, Exceptions. 33. Amend Cliapter 14.11 (Water District), Section 14.11.030 to read as follows: 14.11.030. Property Development Standards (W). NR: Not required, unless otherwise noted in Additional Standards. Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and Design Review Permits) for a listing of improvements subject to review and design guidelines and criteria for development. 34. Amend Cliapter 14.11 (Water District), Table 14.11.030 to read as follows: Table 14.11.030 Maximum lot coverage (percent) NR (A), (C), (D), (E), (F) Parking * * Based on use. See 14.18.040 (A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of Section 14.13.040 (G), Fill. A use permit shall be required consistent with Sections 14.13.050, Application for a use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-55 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 W Additional Standards Minimum lot area (sq. ft.) NR (A) Minimum lot width (feet) NR Minimum Yards: Front (ft.) NR (B) Side (ft.) NR (B) Rear (ft.) NR (B) Maximum height of structure (feet) 36 Maximum lot coverage (percent) NR (A), (C), (D), (E), (F) Parking * * Based on use. See 14.18.040 (A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of Section 14.13.040 (G), Fill. A use permit shall be required consistent with Sections 14.13.050, Application for a use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-55 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A issuance of a tidelands pen -nit from the department of public works, and any other permit required by local, state or federal law.) (B) Development should not encroach into sensitive wildlife habitat areas, limit normal range areas or create barriers which cut off access to food or shelter. (C) Other proposed activities, such as dredging within tidelands and/or open waters, requires a tidelands permit from the department of public works and may require other permits. (D) Public access to the water or shoreline should be provided as identified on the recreation plan and the canal land use and access map of the general plan, and is encouraged elsewhere where appropriate. (E) Views of the water shall be provided as identified on community design map A of the general plan, and is encouraged elsewhere through project design. (F) For setbacks from creeks, the San Rafael Canal and drainageways, see Section 14.16.080, Creeks and other watercourses. For setbacks from wetlands, see Section 14.13.040(B), Wetland Setbacks. 35. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.020.A to read as follows: A. These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or greater, or located in the hillside resource residential or hillside residential general plan land use districts. The hillside development overlay district on the zoning map is placed on those lots which are in the hillside resource residential or hillside residential general plan land use districts. 36. Anrend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.0 (Natural State) to read as follows: C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with clustered development with the recommendation of the design review board, subject to approval by the hearing body. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation. 37. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.D (Gross Building Square Footage) to read as follows: D. Gross Building Square Footage. The maximum permitted gross building square footage of all structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-56 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 38. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.G (Lot Standards) to read as follows: G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject to the slope tables established under Chapter 15.07 of the subdivision ordinance. 39. Antend Chapter 14.12 (Hillside Overlay District), Section 14.12.040 (Exceptions to property development standards) to read as follows: 14.12.040. Exceptions to property development standards. City Council Exception Required. Exceptions to the property development standards of this chapter may be approved by the city council, upon the recommendation of the design review board and the planning commission, when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and are consistent with the general plan based on the following criteria: A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures. 40. Amend Chapter 14.16 (Site and Use Regulations), chapter title to read as follows: Sections: 14.16.010 - Specific purposes and applicability. 14.16.020 - Accessory structures. 14.16.030 - Affordable housing requirement. 14.16.040 - Buildings over three stories. 14.16.050 - Conservation areas—Development potential. 14.16.060 - Conservation of dwelling units. 14.16.080 - Creeks and other watercourses. 14.16.100 - Development agreements. 14.16.110 - Drive-through facilities. 14.16.120 - Exclusions to the maximum height requirement. 14.16.130 - Exclusions to the required minimum yards. 14.16.132 – Exclusions to maximum lot coverage. 14.16.140 - Fences. 14.16.150 - Floor area ratios and densities applicable to nonresidential and mixed-use development. 14.16.160 – Fuel and Service stations. 14.16.170 - Geotechnical review. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-57 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 14.16.180 - Hazardous soils conditions. 14.16.190 - Height bonus. 14.16.200 - Hillside residential development standards. 14.16.210 - Historic preservation. 14.16.220 - Home occupations. 14.16.230 - Lot consolidation when development occurs. 14.16.240 - Manufactured homes. 14.16.245 - Medical marijuana dispensary. 14.16.250 - Motor vehicle maintenance and storage in residential districts. 14.16.260 - Noise standards. 14.16.270 - Nonconforming structures and uses. 14.16.275 - Amortization of nonconforming dwelling units. 14.16.277 - Use of city sidewalks and rights-of-way for outdoor eating areas. 14.16.279 - Relocation assistance for displaced residential rental unit tenants. 14.16.280 - Satellite dishes in residential districts. 14.16.285 - Second dwelling units. 14.16.290 - Shoreline embankments. 14.16.300 - Small lots. 14.16.310 - State lands commission title claims (Allardt's Canal). 14.16.320 - Swimming pools and hot tubs. 14.16.330 - Transfer of density among properties. 14.16.340 - Transfer of density on-site. 14.16.360 - Wireless communication facilities. 14.16.370 — Water -efficient landscape. 41. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.030.H.3.a.iii (Affordable housing requirement) to read as follows: iii. Height bonuses, as identified and listed in Exhibit 10 of the General Plan 2020 Land Use Element; 42. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.030.1 (Affordable housing requirements) adding sub -sections L3. and L4 to read as follows: 3. Provision of Units or In -lieu Fee. Required affordable housing units shall be provided on the same site as the proposed nonresidential development, at an off-site location within the City, through dedication of suitable real property for the required housing to the City, or through payment of an in -lieu fee, at the discretion of the Planning Commission or the City Council. The Planning Commission or City Council may accept off-site units or an in -lieu fee if it is determined that inclusion of the required housing units within the proposed nonresidential development is not reasonable or appropriate, taking into consideration factors including, but not limited to, overall project character, density, location, size, accessibility to public transportation, and proximity to retail and service establishments; or where the nature of the surrounding land uses is incompatible with residential uses in terms of noise or other nuisances, health or safety AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-58 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A hazards or concerns. Where the application of the affordable housing requirement in Section 14.16.030.I.2 results in less than one unit or one or more affordable housing unit and a fractional unit, the applicant may choose to pay an in -lieu fee for the fractional unit without the required findings noted above. Affordable housing units provided as part of the proposed nonresidential development or at an off-site location shall meet the requirements of Sections 14.16.030.C, D, H and I and shall be completed prior to or concurrent with the completion of construction of the proposed nonresidential development, as the conditions of project approval shall specify. 4. Calculation and Payment of In -lieu Fee. The amounts and calculation of the housing in -lieu fee shall be based on the formula set forth in Section 14.16.030.17 and established by resolution of the City Council, as amended from time to time. Unless otherwise preempted by law, or otherwise approved by the Planning Commission or City Council, the in -lieu fee shall be paid prior to the issuance of a building permit for the proposed project. 43. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.040 (Buildings over three stories) to read as follo►vs: 14.16.040. Buildings over three stories. Buildings which were constructed or approved as of January 1, 1987 having more than three (3) stories in height shall be considered conforming. These buildings include but are not limited to the following: Table 14.16.040 BUILDINGS OVER THREE (3) STORIES Address Building 1005 A St. at Fourth St. Herzog -Rake Building 1010 B St. at Fourth St. Albert Building 4000 Civic Center Dr. Marin Executive Center 4040 Civic Center Dr. Northgate East 100-500 Deer Valley Smith Ranch Hills Retirement Home 1000 Fourth Street Court House Square 1299 Fourth Street Columbia Pacific Building 535-565 Jacoby Marin Resource Recovery Center 100 McInnis Parkway Embassy Suites Hotel 99 Monticello Road Kaiser Medical Center 899 Northgate Quail Hill Office Building 1000 Northgate Macy's 1010 Northgate Four Points Sheraton Hotel 1050 Northgate Holiday Office Building AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-59 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 9000 Northgate Sears 100 Thomdale Villa Marin Retirement Residences 44. Amend Chapter 14.16 (Site and Use Regulations), Section: 14.16.120 (Exclusions to the maxinuan height requirement) to read as follows: 14.16.120. Exclusions to the maximum height requirement. Flagpoles, aboveground utility distribution facilities including communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in multifamily and nonresidential districts and architectural features such as screening for mechanical equipment, chimneys, steeples and cupolas are not included in height calculations. However, structures and architectural features which extend above the established building height limit may require an environmental and design review permit, pursuant to Chapter 14.25, Environmental and Design Review Permits. 45. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.130 (Exclusions to the required nnininnum yards) to read as follows: 14.16.130. Exclusions to the required minimum yards. Architectural features such as fireplaces, cornices, eaves and canopies may extend no more than two feet (2') into any required yard. Open, uncovered decks, landing places or outside stairways may project no more than three feet (3') into any required side and/or rear yard, and no more than six feet (6) into any required front yard. Open, uncovered decks under twelve inches (12") in height, retaining walls less than four feet in height measured from the toe of the wall to the top of the wall, and subterranean structures which are located entirely below both existing and finished grade are allowed anywhere within the required yards. Fountains, statues and other decorative yard improvements, four feet (4') or less in height, may be allowed within the required front yard, and six feet (6) or less in height may be allowed within required side and rear yards. 46. Amend Chapter 14.16 (Site and Use Regulations), adding new Section 14.16.132 (Exclusions to maxinuan lot coverage) to read as follows: 14.16.132. Exclusions to maximum lot coverage. The following improvements are not counted as part of lot coverage: ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, structures that are located entirely below both existing and finished grade, play and storage structures that are 120 square feet or less in size. 47. Annend Chapter 14.16 (Site and Use Regulations), Section 14.16.150.A.1 (Floor area ratios and densities applicable to non-residential and mixed --use development) to read as follows: A. 1. The intensity and density of development in nonresidential and mixed- use districts is identified by floor area ratio (FAR) and by the number of units allowed per one AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-60 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A thousand (1,000) square feet of lot area for the location and zoning district in which a site is located. The FAR is the total building square footage (gross floor area) divided by the lot area excluding public streets. Total building square footage excludes parking areas or garages (covered and uncovered), residential components of a mixed use project, hotels, and non -leasable covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded in the FAR, subject to the provisions of Chapter 14.22, Use Permits. 48. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.150.B.1 (Floor area ratios and densities applicable to non-residential and mixed-use development) to read as follows: B. Mixed -Use Development. 1. Commercial or Office with Residential. FAR limits apply only to the nonresidential component of a development. The number of residential units allowed on a lot is based on the minimum lot area required per dwelling unit standard for the zoning district. For example, a ten thousand (10,000) square foot lot in the 213 MUW District (Max. FAR is 0.7 and density is one thousand (1,000) square feet of lot area per dwelling unit) could develop with up to the following mixed-use amount, subject to meeting other zoning standards related to height, parking and design: ( Table Inset No Changes to Table } 49. Amend Chapter 14.16 (Site and Use Regidations), Section 14.16.160 (Service stations) to read as follows: 14.16.160 Fuel and Service stations. The regulations are intended to assure the compatibility of such uses with existing and planned uses in the surrounding area and to protect the public health, safety and welfare by assuring adequate numbers of fuel and service stations which afford equal access to the public, including the elderly, the handicapped and visitors in need of minor automobile repair through the provision of attended fuel pumps and mechanic's bays. A. A use permit shall be required for any fuel service station permitted under the regulations of the zoning district in which it is located, including those which are to be: 1. Newly constructed; 2. Reopened after operations, including any required cleanup operations, have ceased for a period greater than nine (9) months; 3. Remodeled to include any of the following: nonautomotive retail sales other than those of an incidental nature not occupying an area open to the public greater than one hundred (100) square feet; a car wash; or, additional service islands or mechanic's bays; or 4. Converted from one type of station to another so as to delete either or both of the following: pump(s) labeled "full-service," "mini -service" or otherwise marked so as to indicate the availability of attendant assistance in pumping fuel; or mechanic's bay(s) in which emergency repairs by a mechanic are available. B. Conditions of Approval. In approving a use permit for a fuel service station, the planning commission may impose reasonable conditions. Such conditions may include the required posting of signs informing motorists of the location of the nearest facility offering the services listed. C. Findings. The planning commission may issue a use permit for a fuel service station if the following finding can be made: that the proposed fuel service station will not AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-61 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A significantly adversely affect the public health, safety or welfare in terns of discrimination against individuals needing refueling assistance and the availability of minor emergency automobile repair services and public restrooms. 50. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.220.E (Hone occupations) to read as follows: E. Examples of Uses that Frequently Qualify As Home Occupations. The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a home occupation): accountant, architect, artist, attorney-at- law, author, beautician/barber, computer repair, consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring, insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair. 51. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.260.A.3 (Noise standards) to read as follows: 3. In high density and mixed use districts, residential interior standards shall be met and common, usable outdoor areas shall be designed to minimize noise impacts. Where possible, a sixty (60) dBA (Ldn) standard shall be applied to usable outdoor areas. 52. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.270.D (Nonconforming structures and uses) adding new sub -section D.10 to read as follows: 10. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses, except for such units in the marine, light industrial/office districts, and industrial districts, and for single-family units in downtown mixed-use districts. These units are subject to the provisions of Section 14.16.060. 53. Amend Chapter 14.16 (Site and use Regulations), Section 14.16.279 (Relocation assistance) to read as follows: 14.16.279 Relocation assistance for displaced residential rental unit tenants. A. Purpose. The purpose of this chapter is to mitigate the impact of a development project or property improvement such as a renovation or rehabilitation, which results in the displacement of low-income household tenants of record from their residences, by requiring applicants or property owners to provide certain, limited relocation assistance to such tenants. B. Applicability. The provisions of this section shall apply to any development project or property improvement that is subject to a planning permit or approval required by this title and a building or a demolition permit that will result in the displacement of low-income, residential unit tenants of record. A tenant of record is a tenant that appears on a valid lease or rental agreement for the residential unit being vacated. This section is not applicable to: 1. Any development project that is subject to a legal requirement for the provision of relocation assistance under any provision of federal or state law; AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-62 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 2. Tenant displacement from a dwelling unit that the City has determined to be illegal and which is ordered abated by action of the City; and 3. A tenant of record that is displaced for unit renovation and is temporarily relocated by the property owner to another residential unit that is located either on the subject property or off-site, with the intent and goal of returning to the renovated apartment unit, or to another unit on-site, which has a comparable bedroom count. The provisions of this section may be imposed as a condition of any planning permit or required prior to the issuance of a building permit or demolition permit. C. Required notice to tenant of record. The property owner proposing the development project or property improvement that will result in displacement of a tenant from a residential unit shall give any tenant of record proposed to be displaced a written notice at least sixty (60) days in advance of the date the tenant of record shall be required to vacate the real property. The notice shall comply with the following: 1. The notice shall be delivered to the tenant of record in person or by first class certified mail. The notice shall specify the date on which the real property is to be vacated, and shall include the following statement: Tile City of San Rafael requires property owners to provide certain assistance to low- income tenants of record who are forced to permanently move or relocate because of planned property development, property improvements and/or residential unit renovation. You are eligible to receive this assistance if you can demonstrate that your household qualifies as low-income, as defined in the attached income schedule published by the Marin County Housing Authority. To qualify for relocation assistance you must complete, sign and return the attached income verification form confirming that you meet the income limits for a low-income household. You must return this income verification form to the property owner no later than two weeks following the date you received this notice. 2. The notice shall include the most current Marin County median family income schedule published by the Marin County Housing Authority, specifying the range of household size and the maximum, annual household income for each household size to qualify as low- income. 3. The notice shall include an income certification form or affidavit to be completed and submitted by the tenant of record. To verify annual household income, the property owner may request that the tenant of record submit additional supporting documentation such as a copy of the latest, filed, income tax return. 4. Simultaneous to tenant notification, a copy of the notice and list of tenants of record receiving the notice shall be filed with or delivered, via certified mail, to the Community Development Department. D. Relocation payment to tenant of record. No later than 30 days prior to the date the tenant of record is displaced, the property owner shall provide the following to each displaced tenant of record who demonstrates that his or her household qualifies as a low-income household: 1. A referral to the Marin Housing Assist Line to obtain a list of low-income rental housing units available in the area; and 2. Cash in a sum equal to two (2) times the then current monthly rental of the residential unit being vacated. In -lieu of cash, the tenant of record can request an in-kind payment to the provider(s) of the alternative housing for the tenant of record. The property owner is required to make one relocation assistant payment only to the tenant of record for every residential unit that is vacated on the real property. If the residential unit being vacated is AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-63 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A occupied by more than one tenant of record that qualifies as a low-income household, the payment shall be prorated based on the number of qualified tenants of record in the households. Following relocation payment, the property owner shall file or deliver, via certified mail, to the Community Development Department, a list of tenants of record receiving relocation payment. E. Additional requirements for development projects or property improvements involving multiple buildings, phased construction and/or phased vacation of residential units for renovation. For projects involving residential unit renovation that results in phased improvements and/or phased tenant displacement, the following shall be prepared and submitted to the Community Development Department in conjunction with the review and processing of a planning permit, or prior to the issuance of a building permit or grading permit: 1. A resident relocation plan. The resident relocation plan shall include: a. a projected construction schedule and expected dates for unit vacation and tenant displacement; b. information regarding projected rents, timing and availability for renovated apartments; C. information regarding on-site, temporary relocation options for tenants, if applicable; and d. a list of property addresses for apartment complexes in the general area of the site that may have available rental units. 2. Verification that an escrow account has been opened and is active for payment of relocation assistance pursuant to Section 14.16.279D, above. F. Revocation of Permits. Failure to comply with any provision of this section shall be grounds for revocation of any permit or other approval issued by the city in relation to the development project, subject to the procedures established by this code for revocation of the permit or other approval in question. 54. Amend Chapter 14.16 (Site and use Regulations), Section 14.16.285.C.6. (Second dwelling units, Standards, Size Limits) to read as follows: 6. Size Limits. The square footage of a second dwelling unit shall be no greater than forty percent (40%) of the gross square footage of the principal residence, excluding the garage area; except that any second dwelling unit may be at least five hundred (500) square feet even if that exceeds forty percent (40%) of the principal residence. A second dwelling unit larger than eight hundred (800) square feet in size shall require the issuance of a use permit approved by the planning commission. In no case shall the second dwelling unit exceed one thousand (1,000) square feet in size. 55. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.285.C.9.e.3 (Second dwelling units, Standards) to read as follows: 3. Second dwelling units which are located within a separate or accessory structure within the side or rear setbacks (required for the principal structure); 56. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.285.C8 (Second dwelling unit, Standards) to read as follows: AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-64 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 8. Parking. Off-street parking shall be required for each second dwelling unit, in addition to the parking required for the existing single-family dwelling. One off-street parking space shall be required for studio and one -bedroom second dwelling units. Two (2) off-street parking spaces shall be required for second dwelling units with two or more bedrooms. Required parking options are as follows: a. One parking space for a second dwelling unit may be sited in the front yard setback provided that: 1) the parking space is located within a paved area adjacent and parallel to the driveway, between the driveway and the nearest side lot line; and 2) the curb cut is not increased. b. One required space for the second dwelling unit may be uncovered and tandem (located behind another uncovered or covered parking space) on a driveway having a length of at least eighteen feet (18') behind the sidewalk or property line, provided the property has frontage on a street having a paved width of at least thirty-eight feet (38'). C. Off-street parking for the second dwelling unit that requires a new driveway curb cut, either for establishing an additional driveway or for increasing the width of the existing curb cut, may be proposed subject to an affinnative recommendation by the public works department and the approval of an Environmental and Design Review Permit by the zoning administrator. The purpose of this permit review is to ensure that the alternative parking design is appropriate given the site conditions, is compatible with the character of the surrounding residential neighborhood, and would not result in a safety hazard to vehicles or pedestrians. 57. Amend Chapter 14.16 (Site and Use Regulations), deleting Section 14.16.350 (Trip Allocations). 58. Anhend Chapter 14.16 (Site and Use Regulations), adding new Section 14.16.370 (Water -efficient landscape) to read as follows: 14.16.370 Water -efficient landscape. A. Purpose and authority. Effective January 1, 2010, certain new construction and rehabilitation projects that include landscape and irrigation improvements are required to comply with water -efficient landscape requirements and to monitor water usage for irrigation, as mandated under State Government Code Section 65595(c). For the purpose of administering this State mandate, the City of San Rafael hereby adopts by reference, Marin Municipal Water District (MMWD) Ordinance No. 414 (Water Conservation) and designates MMWD, the local water provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are subject to the water -efficient landscape requirements, the City defers to MMWD to administer the provisions of this ordinance, which include: I . The application and monitoring of a `maximum applied water allowance,' that is established for applicable projects. 2. Tile review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water -efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species. 3. The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications. 4. The post -installation monitoring of water usage for irrigation by applicable projects. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-65 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A B. Applicability. The provisions of this section and MMWD Ordinance No. 414 are applicable to the following projects: 1. Any project that proposes new or rehabilitated landscapes which are developer - installed in single-family residential and all other residential and non-residential developments, regardless of size, where the proposed landscape area is equal to or greater than 2,500 square feet; and 2. Any project that proposes new or rehabilitated landscapes which are homeowner provided and/or homeowner -hired in single-family residential, two-family residential and multiple -family residential developments, where the proposed landscape area is equal to or greater than 5,000 square feet. C. City review of applicable projects. City review of applicable projects shall be processed as follows: 1. Projects requiring approval of an Environmental and Design Review Permit. When an applicable project is subject to an Environmental and Design Review Permit pursuant to Chapter 14.25 of this title, the landscape and irrigation plans required by and submitted with this permit application shall be designed and prepared to comply with the provisions and requirements of MMWD Ordinance No. 414. The approval of an Environmental and Design Review Permit shall be conditioned to require the applicant to provide written verification of plan approval from MMWD prior to the issuance of a building permit and/or grading permit. 2. Projects requiring a Building Permit and/or Grading Permit only. When an applicable project is not subject to an Environmental and Design Review Permit but is required to secure a Building Permit and/or Grading Permit, such permits shall not be issued until the applicant has secured, in writing, MMWD approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance No. 414. D. Inspections and Post -Installation Monitoring and Enforcement. MMWD shall be responsible for: I. Inspecting and approving all landscape and irrigation installed for applicable projects prior to project completion and/or occupancy; and 2. Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance No. 414. All enforcement actions for ordinance non-compliance or violations shall be administered by MMWD. 59. Amend Cliapter 14.17 (Performance Standards), Section 14.17.100.B (Residential uses in commercial districts) to read as follows: B. Applicability. Performance standards for residential uses in commercial districts shall be applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW, CSMU, WEV, GC, FBWC, C/O, and M districts or through a use permit in the NC district. 60. Antend Chapter 14.17 (Performance Standards), Section 14.17.100.0.1 (Residential ttses in contntercial district) to read as follows: C. Standards. i. Location. In the 4SRC and WEV districts, residential units may be located above the ground floor, and on rear portions of the ground. Location of residential units in the 2/3 MUE and MUW, GC, FBWC, HO, C/O, CSMU, and NC districts shall be determined through project review. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-66 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 61. Amend Chapter 14.17 (Performance Standards), Section 14.17.110.B (Outdoor eating areas proposed in conjunction: with food service establishments) to read as follows: 14.17.110 Outdoor eating areas proposed in conjunction with food service establishments. B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in Section 14.16.277. 62. Amend Chapter 14.17 (Performance Standards) Section 14.17.130.A and B (Temporary uses) to read as follows: 14.17.130 Temporary uses. A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas. B. Applicability. Performance standards for specified temporary uses shall apply in any district where a temporary use is a conditional use. Performance standards for temporary uses shall be administered through an administrative use permit in all commercial, office and industrial zoning districts, or a use permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an approved or valid development plan). The following temporary uses are subject to performance standards: { No text changes to Sub -sections 1 through 5 } 63. Amend Chapter 14.18 (Parking Standards, chapter title to read as follows: Sections: 14.18.010 - Specific purposes. 14.18.020 - Applicability. 14.18.030 - Computation. 14.18.040 - Parking requirements. 14.18.050 - Off-street loading and unloading. 14.18.060 - Downtown parking assessment district. 14.18.061— Downtown's West End and Environs. 14.18.070 - Parking requirements for multiple uses. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-67 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 14.18.080 - Parking requirements for reciprocal uses with shared parking facilities. 14.18.090 - Bicycle parking. 14.18.100 - Parking space dimensions. 14.18.110 - Compact spaces—Allowable percentage. 14.18.120 - Tandem parking prohibition. 14.18.130 - Parking facility dimensions and design. 14.18.140 - Access to public right-of-way. 14.18.150 - Alternate parking locations for uses with insufficient parking. 14.18.160 - Parking lot screening and landscaping. 14.18.170 - Lighting. 14.18.180 - Residential districts—Garage and carport standards. 14.18.190 - Recreational vehicle parking in residential districts. 14.18.200 - Location of parking and maneuvering areas. 14.18.210 - Commercial parking in MR and HR districts. 14.18.220 - On-site and remote parking. 14.18.230 - Parking spaces—In lieu payments. 14.18.240 - Grandfathered parking. 14.18.250 - Permanence of off-street parking. 64. Amend Chapter 14.18 (Parking Standards), Section 14.18.020 (Applicability), adding sub -section C to read as follows: C. Parking areas may be reconfigured in compliance with the provisions of this chapter only. 65. Amend Chapter 14.18 (Parking Standards), Section 14.18.040.0 (Parking requirements) to read as follows: C. For properties located within the downtown parking assessment district, see also Section 14.18.060, Downtown parking assessment district, for additional information on parking requirements. For properties located in the downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and Environs), for additional information on parking requirements. 66. Amend Chapter 14.18 (Parking Standards), Section 14.18.040.B (Parking requirements) to read as follows: B. Parking Modification - The parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification shall require an application for a use permit and shall be subject to review by the community development director and city traffic engineer, and approval by the zoning administrator. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-68 Title 14 (Zoning)—Adopted June 7, 2010 Z009-001 EXHIBIT A 67. Amend Chapter 14.18 (Parking Standards), adding new Section 14.18.061 (Downtown's West End and Environs) to read as follows: 14.18.061 Downtown's West End and Environs Parking for all land uses in Downtown's West End and Environs as defined in Section 14.03.030 and depicted on Diagram B of Section 14.03.030 shall be provided consistent with the following: A. No additional off-street parking is required for changes in land use and/or the re - tenanting all or a portion of building square footage, as existing on the date of adoption of this provision (June 2010). Parking for changes in land use and/or re -tenanting shall be provided by the parking spaces located on the public streets and on public lots located within this area. B. Required off-street parking shall be provided for land use changes and building improvements that result in an increase in the square footage or size of a building, as existing on the date of adoption of this provision (June 2010). Off-street parking shall be provided consistent with the requirements in Section 14.18.040 of this chapter. 68. Amend Chapter 14.18 (Parking Standards), Section 14.18.080 (Parking requirements for reciprocal uses with shared parking facilities) to read as follows: 14.18.080 Parking requirements for reciprocal uses with shared parking facilities. When two (2) or more uses share a common parking area and when a significant and complementing variation in period of daily demands occurs (i.e., exclusive day and night uses), the zoning administrator may grant reductions in the total parking required through a use permit; provided, that in no instance shall the total parking required be less than would be required for any one of the independent uses. 69. Amend Chapter 14.18 (Parking Standards), Section 14.18.100.A (Parking space dimensions) to read as follows: A. Standard size parking spaces shall be nine feet (9') by nineteen feet (19') in dimension, except that in Downtown the standard size parking space shall be 8.5 feet by 18 feet in dimension. 70. Amend Chapter 14.18 (Parking Standards), Section 14.18.130 (Parking facility dimensions and design), Illustration A to read as follows: A 9'-0" 8'-6" 8'-0" { No change to Mush•ation A Drcm hig& Graphics (2) ) 900 TWO WAY ONE WAY PARALLEL B I C D DIMENSION A I B I C I D 19'-0" 26'-0" 18'-0" 26'-0" 16'-0" 26'-0" STANDARD 64'-0" City-wide 22'-0" 62' Downtown NA COMPACT 20'-0" AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 9'-0" 12'-6" 8'-6" 8'-0" 1214" 30'-6" NA A-69 EXHIBIT A 71. Amend Chapter 14.18 (Parking Standards), Section 14.18.220.0 (On-site and remote parking) to read as follows: C. Requests for remote, off-site parking shall require an application for a use permit and shall be subject to a review and recommendations by the community development director and traffic engineer, and approval by the zoning administrator. Upon zoning administrator approval of any remote, off-site parking area, and prior to occupancy of the proposed use, which parking satisfies the parking requirements, the owner of the lot (proposed for remote parking site) shall execute and record a declaration of restriction, legally binding or similar instrument satisfactory to the community development director, to restrict the use of the lot to public and private parking of vehicles so long as the use conducted by applicant, or the applicant's successors in interest, on the original site shall require the furnishing of parking facilities under the terms of the Use Permit. 72. Amend Chapter 14.19 (Signs), Section 14.19.030.0 (Exempt signs) to read as follows: C. On -Site Directional or Informational Signs. Directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding five (5) square feet in area per sign. Examples of such signs include, but are not limited to parking lot directional signs, posting of business hours and location of restrooms, telephones, "parking in rear," "drive-through service window," and "no -smoking." Premise addressing signs that are larger than five (5) square feet in size shall be exempt if the larger addressing sign is required by the Fire Code. 73. Antend Chapter 14.19 (Signs), Section 14.19.053.D.1 (Location, placement and design of signs) to read as follows: 1. Where a building is located on a one-way street, or where public visibility of the front face or front entrance of the building is limited or impaired, the permitted sign may be placed on the side or rear face or elevation of the building to improve visibility, provided that the provisions for sign size and number are not exceeded. 74. Amend Chapter 14.19 (Signs), Table 14.19-1 (Requirements and Limitations for Freestanding Signs) to read as follows: Table 14.19-1 Requirements and Limitations for Freestanding Signs ( Table Inset No changes to Table ) * "Freeway -Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to and generally level with US Highway 101 or Interstate 580. ** Height bonus permitted: one foot of sign height for every five feet of sign setback measured from the property line, up to a maximum sign height of 25 feet. + Minimum building setback measured from property line. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-70 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A ++ Freestanding sign height shall be measured from the ground level or grade at which the sign is placed to the highest elevation point of the sign. Note: See Table 14.19-2 (Sign Regulations for Zoning Districts) and 14.19.060 (Commercial. office, industrial marine districts) for additional requirements. 75. Amend Chapter 14.19 (Signs), Table 14.19-2 (Sign Regulations for Zoning Districts) to read as follows: Table 14.19-2 Sign Regulations for Zoning Districts {Table Inset No changes to Table) + Exception: Internally illuminated and backlit illumination permitted for property and building address signs. * Freeway -oriented signs are permitted for businesses and properties, which directly face a frontage road that is both parallel to and generally level with Highways US 101 or i-580 (Table 14.19-1). ** Unless, as noted, where more than one sign is permitted for a business or use, the combined area of the signs shall not exceed the maximum permitted sign area (see Section 14.19.061). Note: See Table 14.19-1 (Requirements and limitation for freestanding signs) and Section 14.19.053.E (Placement and Design of Freestanding Signs) for additional requirements. 76. An:end Chapter 14.22 (Use Permits), Section 14.22.020 (Authority), adding new sub- section B, as follows: B. When, in the opinion of the community development director, any matter set forth in Section 14.22.020.A of this chapter or in the land use regulation tables listed in each of the zoning districts regulated by this title: 1) is deemed to be an insignificant or inconsequential change in use; 2) will not have a detrimental impact on surrounding properties; and 3) is not a use warranting the designated level of review, the use pen -nit application may be processed and acted on by the zoning administrator. In cases where the zoning administrator takes action on a use permit application that would typically be reviewed and acted on by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the use permit review is being delegated from the planning commission to the zoning administrator for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator, a planning commissioner may direct, or a member of the public may request that the application be referred to the planning commission for a public hearing and action. 77. Amend Chapter 14.22 (Use Permits), Section 14.22.160 (Revocation) to read as follows: 14.25.160 Revocation. A use operated in violation of a condition of permit approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-71 Title 14 (Zoning)—Adopted June 7, 2010 ZO09-001 EXHIBIT A 78. Amend Chapter 14.22 (Use Permits), Section 14.24.020.A.2 (Authority) to read as follows: 2. In any residential district, the maxi►nu►n height of any front yard or street side yard fence may be increased by a maximum of two feet (2') to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot. 79. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.020 (Authority) to read as follows: 14.25.020 Authority. The planning commission, zoning administrator or community development director shall approve, conditionally approve or deny applications for environmental and design review permits. This authority is identified as follows: A. Major Environmental and Design Review Permit. The planning commission shall make determinations on environmental and design review applications for any major physical improvement listed under Section 14.25.040(A). B. Minor Environmental and Design Review Permit. The zoning administrator shall make detenninations on environmental and design review applications for any minor physical improvement listed under Section 14.25.040(B), and on time extensions to major and minor environmental and design review permit approvals. When, in the opinion of the zoning administrator, an applicant or a member of the public, any matter set forth in Section 14.25.040(B) does not meet the applicable review criteria set forth in Section 14.25.050, the application shall be forwarded to the design review board for its recommendation. Requests for referral to the design review board made by an applicant or member of the public must be made in writing within the public review period and prior to the conclusion of the zoning administrator's public hearing, and must set forth specific reasons why it is believed that the proposed design does not meet the applicable review criteria. C. Administrative Environmental and Design Review Permit. The community development director shall make determinations on environmental and design review applications for administrative design review, as listed under Section 14.25.040(C), and one tine extensions to administrative environmental and design review pen -nit approvals. Applications which clearly meet the applicable review criteria may be approved over the counter, at the discretion of the community development director. D. Elevated Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(B) or (C) is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the zoning administrator or community development director. E. Reduced Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(A) or (B) of this chapter is insignificant or inconsequential, will have no detrimental impact on surrounding properties or public vantage points, and is not a matter requiring the designated level of review, it may be processed by the zoning administrator or community development director. In cases where the zoning administrator or community development director process an application that would normally be reviewed by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the design review permit review is being delegated from the planning commission to the zoning AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-72 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A administrator or community development director for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator or community development director, a planning commissioner may direct, or a member of the public may request that the application be referred to the planning commission for a public hearing and action. 80. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections 14.25.030.A and B (Application) to read as follows: 14.25.030 Application. A. Initial Consultation. An initial consultation may be initiated by requesting an appointment with the community development director or a designated representative. Sketches of the design of a proposed structure or alteration should be submitted for informal staff review so that an applicant may be informed of environmental and design review board policies prior to preparing detailed drawings. B. Conceptual Review Required. The applicant of a development subject to major environmental and design review shall submit an application for conceptual review by the design review board. Conceptual review focuses on the conceptual design approach, and gives both the design review board and the applicant the opportunity to work together to achieve a quality design by providing an opportunity for the board to identify and discuss relevant issues and indicate the appropriateness of the design approach. Submittal materials shall include a site plan, floor plans and building elevations with sufficient detail to convey the proposed design direction. The applicant's presentation should have a level of detail adequate to show the architect's analysis of the problem and to explain the proposed design solution. Conceptual review is optional for development subject to minor environmental design review. 81. An:end Chapter 14.25 (Environnhental and Design Review Permits), Section 14.25.030. C.4 (Application) to read as follows: 4. Landscape plan showing all existing and proposed improvements, location of proposed plantings, landscape material and structures, and community amenities. For projects that are required to provide water -efficient landscapes pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance No. 414 (including any subsequent amendments). 82. Anhend Chapter 14.25 (Environmental and Design Review Pernhits), Section 14.25.030. C, adding new sub -section C.12 to read as follows: 12. All existing street frontage improvements, if applicable, and any proposed modifications to public improvements, including any proposed or required street tree removal or planting. 83. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections 14.25.040.A.2.a, 2.b and 2.d (Inhprovenhents subject to review, major physical inhprovenhents) to read as follows: AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-73 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A a. Additions to multi -family residential structures with three (3) or more units, where the addition constitutes more than forty percent (40%) of the total square footage of the building, b. Additions and alterations to existing nonresidential structures where the addition is greater than forty percent (40%) of the existing square footage. (Note: The community development director may determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the visual character or function of a building is subject to a minor design review permit.), d. Second dwelling units which entail or are included in upper -story additions to the principal residential dwelling which exceed five hundred (500) square feet, constitute upper -story additions of any size to separate or accessory structures or are located in required side or rear setbacks (required setback for principal structure); 84. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections 14.25.040.A.3.a and 3.c (Improvements subject to review, major physical improvements) to read as follows: a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or greater, or with a general plan land use designation of hillside residential or hillside resource residential, C. Landscaping as part of a development subject to major environmental and design review, 85. Antend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.040.A (Improvements subject to review, Major physical improvements), adding new sub- section A.6 to read as follows: 6. New major wireless telecommunications facility, as prescribed under Chapter 14.16.360.B. 86. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.040.B.1 (Improvements subject to review, minor physical improvements) to read as follows: 1. New construction and modifications, including, but not limited to: a. Any new residence or residential additions over five hundred (500) square feet in size, upper -story additions of any size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, b. Any new single-family residence or duplex consisting of two (2) or more habitable floors, or an addition or modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See Section 14.25.050(F)(6) for design criteria), AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-74 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A C. Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site, d. Additions to multi -family residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building, e. Upper -story additions of any size to single-family and duplex residential structures, f. New construction or reconstruction of boat docking facilities, g. Additions and alterations to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty (1,250) square feet, h. Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt); i. New minor wireless communications facilities, as prescribed under Chapter 14.16.360.B. 87. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections 14.25.040.B.2.b, 2.c, 2.d and 2.e (Improvements subject to review, minor physical improvements) to read as follows: b. Landscaping, exterior lighting, fencing, and retaining walls over three feet (3') high, proposed as part of a minor physical improvement subject to environmental and design review, C. Landscape revisions determined to be minor revisions to an existing hillside residential, multi -family or non-residential development, proposed as part of a minor physical improvement, d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development subject to minor environmental and design review; e. Commercial parking lots, including private parking and new parking locations for uses with insufficient parking, 88. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.040.0 (Administrative Design Permits) to read as follows: *C. Administrative Design Permits. 1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks: a. Less than a total of one hundred (100) square feet, b. Not visible from the public street or adjacent properties, or C. Replacing an existing elevated deck with a deck of same size and configuration; AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-75 Title 14 (Zoning) — Adopted June 7, 2010 ZO09-001 EXHIBIT A 2. New single-family residences located on a flag lot, 3. New one-story duplexes, 4. Conversion of a single-family residence to a duplex; 5. Design changes to projects that previously obtained Design Review approval. This includes modifications to upper story additions, modifications to windows or architectural, site design or landscaping changes. Based on the scope and potential impact of the change(s), the level of review may be increased by the community development director. 6. Outdoor eating areas (as prescribed by Section 14.17.110); 7. Minor exterior alterations to a structure or development, which are subject to environmental and design review, that, in the opinion of the community development director, have minimal impacts on the visual character or function of the building or development; 8. Satellite dishes over the height limit in a multifamily or nonresidential district; 9. Fences over six feet (6) in height (residential and non residential), and as set forth under the criteria in Section 14.16.140; 10. Non-residential fencing proposed to be located in a front yard or between the principal building and public street frontage(s); IL Detached accessory structures located on hillside residential lots with slopes of 25% or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential, 12. Retaining walls over 3 -feet in height (measured from the lowest adjacent grade) located on a hillside lot as identified in Section 14.12.020 (-H Hillside Overlay District) of this title, or located within one hundred (100) vertical feet of a ridgeline; 13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot, including retaining walls 3 -feet or less in height that would potentially impact the hillside character of the site, to assure compliance with the —H overlay district property development standards. 14. Minor landscaping revisions to existing or approved multi -family or non- residential development that are determined to alter the character of the site; 15. Minor modifications to existing parking lots (reconfiguration or expansion); 16. Exterior repainting and refinishing on a development which significantly deviates from the color scheme and/or palette previously approved through an environmental and design review permit, or on structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are not from the approved earthtone-woodtone list; 17. Outdoor storage areas; 18. Design changes to dwelling units that were existing or approved as of January 1991 and that are being replaced pursuant to Section 14.16.060 (Conservation of dwelling units), or dwelling units that are being replaced pursuant to Section 14.16.270.B.5 (Non -conforming structures) of this title. 19. Modifications to properties in the Eichler -Alliance (-EA) combining district which increase the height of roof structures by more than six inches (6") or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage; 20. Rooftop equipment and screens visible from off-site; 21. Minor additions or modifications to a wireless communications facility, as prescribed under Chapter 14.16.360.B. 22. Development subject to review for an administrative design pen -nit pursuant to any other provision of this title. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-76 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 89. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.040.D (Exceptions) to read as follows: D. Exceptions. 1. Single-family dwellings when sited on individual lots with frontage on a public street and not otherwise subject to design review as listed above; 2. Ordinary maintenance and repairs; 3. New decks or additions to decks, except where review is required for decks located in hillside areas as prescribed in Section I4.25.040.C, above; 4. Installation of solar panels on existing structures or grounds, as provided under state law and in compliance with all applicable development standards; 5. The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review. 90. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.050.B (Review criteria) to read as follows: B. Consistency with Specific Plans. In addition to the criteria listed below, development will also be evaluated for consistency with applicable neighborhood and area design plans. Adopted plans which include design guidelines include: Hillside Residential Design Guidelines Manual, San Rafael Design Guidelines, the San Rafael General Plan 2020, specifically the Neighborhood and Community Design elements, and any design guidelines or amendments that are adopted by resolution. 91. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.050. F.6 (Review criteria, Architecture) and sirb-section F. 6.a. to read as follows: 6. Upper -Story Additions and Modifications Which Result in More Than One Floor. Design review of new two (2) story homes, upper -story additions and lift -and -fill construction is not intended to preclude such development, but rather required to assure better design of such additions and to limit impacts on adjacent properties. Modifications to structures on lots in the hillside development overlay district or on lots with an average slope of twenty-five percent (25%) or more are subject to the Hillside Residential Design Guidelines Manual. a. Windows Facing the Rear Yard. There shall be a minimum number of upper - story windows facing the rear where privacy of adjacent residential structures would be significantly affected (e.g., unfiltered and direct views from a primary living area into a primary living room, bedroom or backyard recreational area of an adjoining residential property would result). Windows above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset windows or windows with high sills may be required where appropriate when other window designs would severely affect the privacy of rear yards or patios of adjacent residences. 92. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.050. G.2 (Landscape Design) to read as follows: AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-77 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 2. Water Efficient Landscape Design. Water conservation shall be considered and incorporated in the design of landscape and irrigation plans for all projects. For projects that are required to provide a water -efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance No.414, and future amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for irrigation. 93. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.050. G.4 (Landscape Design) to read as follows: 4. Street Trees and Landscaping. Street trees shall be shown on plans submitted for a project within the downtown area, and shall be provided and protected in accordance with the city street tree planting guidelines and recommendations of the city arborist. Street trees and landscaping should be consistent with the following: a. Provide smaller scale, seasonal color and street trees for pedestrian -oriented streets; b. Provide high -canopy traffic -tolerant trees and landscaped setbacks for primary vehicular circulation streets. C. Existing mature trees proposed to be removed as part of a project should be replaced with an equivalent number, size and alternate species. d. Trees proposed to remain shall be protected during construction. e. All trees shall be installed, protected and pruned in accord with accepted arboricultural standards and practices. 94. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections 14.25.070.A and F. (Design review board) to read as follows: A. Purpose and Authority. The design review board shall serve as an advisory body to the city for the purpose of reviewing and formulating recommendations on all major physical improvements requiring environmental and design review permits and on other design matters, including minor physical improvements or administrative design permits, referred to the board by the community development director, planning commission or city council. The design review board shall provide professional design analysis, evaluation and judgment as to the completeness, competence and appropriateness of development proposals for their use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards adopted by the city council. (No text changes to Sub -sections B through E ) F. Meetings. At least one regular design review board meeting shall be held each month on a date selected by the board, unless there is no business to conduct. The design review board may adopt and amend as necessary, Rules of Order ensuring efficient and responsive board meetings. [No text changes to Sub -sections G through 1) AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-78 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001 EXHIBIT A 95. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.080 (Conditions of approval) and sub -sections 14.25.080.B and C. to read as follows: 14.25.080 Conditions of approval. In approving an environmental and design review permit, the community development director, zoning administrator or planning commission may impose reasonable conditions to assure furtherance of objectives stated herein. Dedication, relocation, installation and/or improvement of rights-of-way may be required where essential to prevent congestion and/or hazards which may result from the use of land proposed. Environmental and design review permits shall be subject to the following standard conditions, unless modified by the approving body: (No text changes to Sub -section A ) B. Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water -efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with the Marin Municipal Water District (MMWD) Ordinance No 414, and future amendments as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city approval to proceed with construction and landscape installation, the applicant must provide written verification of plan approval from MMWD. C. The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to review by the design review board and approval of an administrative environmental and design review permit. 96. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.090 (Findings) to read as follows: 14.25.090 Findings. The community development director, zoning administrator or planning commission may approve an application for an environmental and design review permit. The following findings must be made by the hearing body: (No text changes to Sub -sections A through D ) 97. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.150 (Extensions) to read as follows: 14.25.150 Extensions. An environmental and design review permit may be extended by the zoning administrator, if the findings required by Section 14.25.090, Findings, remain valid, there have been no substantial changes in the factual circumstances surrounding the originally approved design, and application is made prior to expiration. Administrative environmental and design review permits may be extended by the community development director. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-79 Title 14 (Zoning) —Adopted June 7, 2010 Z009-001 EXHIBIT A 98. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.190.A, C & F (Construction review and enforcement) to read as follows: A. Building Plan Review. An approved application, and all other related and approved maps, drawings and other supporting materials constituting a part of the approved application, shall be so endorsed by the community development director or designated staff. The community development director or designated staff shall review construction drawings, final plans and other similar documents prior to issuance of a building permit for compliance with the environmental and design review permit. C. Building Construction Inspections. The building official shall, when performing building inspections on the site, also inspect for compliance with the environmental and design review permit and shall report to the community development director any deviations there from, either in the plans or on the site. F. Certificate of Occupancy. An occupancy permit shall not be issued in part or whole for any improvement subject to environmental and design review unless and until the work specified in the environmental and design review permit has been completed, including landscaping. If for any valid reason full compliance in accordance with the environmental and design review permit cannot be made, a cash bond or other approved form of surety, which shall be in such amount as the city may fix, shall be posted for the work to be completed within a reasonable period of time as determined by the community development director. 99. Amend Chapter 14.29 (Public Notice), Section 14.29.020 (Notice of public meeting or hearing), adding new sub -section C to read as follows: C. Neighborhood Meetings. When neighborhood meetings are required in accordance with City Council Resolution 8037, or subsequent amendments, noticing shall follow the procedures in this Chapter. W:... Zoning Ordinance Amendments:'ZOamnd.Exhibit A_Adopted 6-7-10 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-80 Title 14 (Zoning) — Adopted June 7, 2010 Z009-001